MAHARASHTRA NURSING COUNCIL RULES, 1971

In exercise of the powers conferred by sub-section (1) and clause (a) to (s) of sub-section (2) of section 38 of the Maharashtra Nurses Act, 1966 (Mah. XL of 1966), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section 38, namely:--

CHAPTER I

Preliminary

Rule - 1. Short title.--

These rules may be called the Maharashtra Nursing Council Rules, 1971.

Rule - 2. Definitions.--

(1)     In these rules, unless the context requires otherwise-

(a)      "Act" means the, Maharashtra Nurses Act, 1966 (Mah: XL of 1966);

(b)      "Form" means a form appended to these Rules;

(c)      "Section" means a section-of the Act.

(2)     Words and expressions used but not defined in these rules shall have the same meanings respectively assigned to them in the Act.

CHAPTER II

Elections

Rule - 3.

Preparation and publication of electoral rolls for elections under paragraphs (ii), (iii), (iv) and (vii) of clause (b) of sub-section (3) of section 3.--

(1)     For the purpose of elections to the Council by the constituencies referred to in paragraphs (ii), (iii), (iv) and (vii) of clause (b) of sub-section (3) of section 3, the Registrar shall prepare separate electoral rolls of--

(a)      heads of affiliated institutions;

(b)      matrons of affiliated institutions;

(c)      sister tutors and clinical instructors of affiliated institutions and heads of Nursing Colleges recognised by the Council;

(d)      members of Faculties of Nursing, or, where there are no such Faculties, members of Faculties of Medicine, of the Universities in the State established by law, which confer a degree in Nursing; shows against the full name of each person included in each roll his address.

(2)     The electoral rolls of (i) heads (ii) matrons and (iii) sister tutors shall include the names of head, matrons and sister tutors (including those who are working as clinical instructors) who are working in any of these posts for not less than three years on the date of its preparation provided that not more than one name shall appear as that of any head of the affiliated institution;

(3)     The Registrar may require the secretary or the corresponding authority of the affiliated institution of Nursing College to furnish him within a fortnight from the date of the issue of such requisition, the following information for the purpose of preparing the electoral rolls, namely:--

(a)      the full name and address of the head of the affiliated institution who is working in the same post for not less than three years as head of the affiliated institution;

(b)      the full name and address of the matron of the affiliated institution who is either permanent or who is working in the same post for not less than three years as matron of the affiliated institution;

(c)      the full name and address of the sister tutor including clinical instructor of the affiliated institution who is working in the post for not less than three years.

(d)      the full name and address of the head of the Nursing College recognised by the Council.

(4)     The Registrar may also require the Registrar of each University established by law in the State which confers a degree in Nursing to forward to him the names and addresses of all members of the Faculties of Nursing and, where there are no such Faculties, the names and addresses of the members of the Faculties of Medicine for the purpose of preparing the electoral roll.

(5)     The Registrar shall, at least thirty days before the last date fixed for the receipt of nomination papers under rule 7, publish the electoral rolls for the aforesaid constituencies by exhibiting copies thereof in the office of the Council.

(6)     The President shall have the authority to correct the electoral rolls by adding, altering or omitting names, if it is brought to his notice by proper evidence that such addition, alteration or omission of names is necessary in the rolls already made or that the names so published require any alteration in the manner specified in the application:

Provided that, no name shall be omitted unless the person concerned has been heard in that behalf.

(7)     If any electoral roll is amended, such roll with amendments shall form the electoral roll for the purpose of the election under the Act.

(8)     Copies of the electoral roll shall be available for sale from the office of the Council at a price to be fixed by the Council.

Rule - 4.

Preparation and publication of electoral rolls for elections under paragraph (i) of clause (b) of subsection (3) of section 3.--

(1)     For the purpose of elections to the Council by the constituencies referred to in paragraph (i) of clause (6) of sub-section (3) of section 3, the Registrar shall prepare the electoral roll of nurses registered in the Register separately for each of the five Regions specified in the Schedule to the Act. The electoral roll shall include the names of all registered nurses on such date prior to the date of election as may be fixed by the Council for each election.

(2)     The Registrar shall, at least thirty days before the last date fixed for the receipt of nomination papers under rule 7, publish the electoral rolls of register ed nurses by exhibiting copies thereof in the office of the Council.

(3)     The President shall have the authority to correct the electoral rolls by adding, altering or omitting names, if it is brought to his notice by proper evidence that the name to be so added or altered, appeared, or appeared in the altered form, in the Register maintained under the Act or the date fixed by the Council under sub-rule (1) or that the name to be omitted hat been removed from the Register:

Provided that, no name shall be omitted unless the person concerned has been heard in that behalf.

(4)     If any electoral roll is amended, such roll with amendments shall from the electoral roll for the purpose of the election under the Act.

Rule - 5. Election of members under section 5(3) (b), (v), (vi) and (viii).--

(1)     The Registrar shall by notice in witting inform--

(a)      the Maharashtra Medical Council,

(b)      the Co-ordination Committee of the local branches in the State of the Indian Medical Association,

(c)      the State Branch of the Indian Red Cross Society,that the term of office of the members is due to expire on the date specified in the notice, such notice being given not later than ninety days before the expiry of such term; and likewise inform the said Council, or the said Co-ordination Committee, or the said State Branch, of every casual vacancy within thirty days of its occurrence and call upon the said Council, the said Co-ordination Committee and the said State Branch or any one of them to hold election before the data specified in the notice. The notice shall be sent by registered post.

(2)     The name of the person elected shall, as soon as possible, but not later than seven days after the date of declaration of the result of the election, be communicated by the said Council, the said Co-ordination Committee and the said State Branch to the State Government.

Rule - 6. Manner of Election of certain members.--

(1)     The election of members from the constituencies other than those specified in rule 5 shall be held in the manner hereinafter stated, by the Returning Officer appointed by the Government not below the rank of Under Secretary for every such election:

Provided that, where by any reason, the Returning Officer is unable to act as the Returning Officer, any other person authorised by the Government or the Registrar in this behalf shall be the Returning Officer. Where the Returning Officer is appointed by the Government, the Registrar shall work as the Assistant Returning Officer.

(2)     The Returning Officer and the staff appointed to assist him to do the election work shall be paid additional remuneration as decided by the Government, from time to time.

Rule - 7. Fixation of the stages of election.--

(1)     The Returning Officer shall fix the date, hour and place for the following stages of the election, namely:--

(a)      receipt of nomination papers;

(b)      scrutiny of nomination papers;

(c)      receipt of voting papers; and

(d)      counting of votes.

(2)     The date of receipt of the nomination papers shall not be less than forty days before the date fixed for the receipt of voting papers. The date fixed for the scrutiny of nomination papers shall be the next day of the last date fixed for the receipt of the nomination papers.

(3)     The dates fixed under sub-rule (1) shall be notified by the Returning Officer in the Official Gazette and on the notice board at the office of the Council at least thirty days before the date fixed for the receipt of nomination papers.

Rule - 8. Nomination of candidates.--

(1)     Every person whose name appears in any electoral roll prepared under rule 3 or rule 4 shall, unless disqualified under section 7, be qualified for election from the constituency to which the electoral roll pertains.

(2)     Candidates qualified for election shall be proposed and seconded by the persons whose names are entered in any electoral roll prepared and published under rule 3 or rule 4 for the constituency concerned.

(3)     The nomination papers shall be in Form 1 and the forms shall be supplied by the Registrar to every candidate on his requisition.

(4)     Every nomination paper duly completed and signed by the proposer and the seconder and subscribed by the candidate himself as assenting to the nomination shall be sent by post or otherwise so as to reach the Returning Officer on or before the date and the time appointed under rule 7 for receipt of nomination papers. Nomination papers received after the time so fixed shall be rejected. The Returning Officer shall immediately on receipt of each nomination paper record thereon the date and the time of its receipt by him.

Provided that, not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer.

(5)     Every candidate shall, along with the nomination paper, deposit with the Returning Officer a sum of one hundred rupees. If the amount of deposit is remitted by money order, the money order receipt shall be attached to the nomination paper. A nomination paper not accompanied by such deposit or such receipt, shall not be accepted by the Returning Officer. The deposit shall, unless it is forfeited to the Council under sub-rule (6), be returned to the candidate as soon as possible, after the result of the election is declared.

(6)     If a candidate is not elected and if the number of valid votes recorded in his favour is less than one-eight of the total number of votes recorded divided by the total number of members to be elected, the deposit shall be forfeited to the Council.

Rule - 9. Scrutiny of nomination papers.--

On the date appointed for scrutiny of nomination papers, the candidates and one proposer and seconder of each candidate may attend at the appointed time and place, and the Returning Officer shall give them all reasonable facilities to examine the nomination papers which have been delivered within the time fixed for their receipt under rule 7.

Rule - 10. Disposal of objections: Rejection of Nomination.--

(1)     The Returning Officer shall examine the nomination papers and shall decide all objections and may, either on such objection or on his own motion; after such summary enquiry, if any, as he thinks necessary, refuse any nomination for any of the following reasons, namely:--

(a)      that the candidate, or his proposer or his seconder is not an elector;

(b)      that there has been any failure to comply with the provisions of the Act or the rules made thereunder;

(c)      that the signature of the candidate or his proposer or his seconder is not genuine or has been obtained by fraud.

Rule - 11. Completion of scrutiny.--

(1)     The returning Officer shall endorse on each nomination paper his decision whether the nomination paper has been accepted or rejected; and in case the nomination paper has been rejected, the reasons therefor.

(2)     The scrutiny shall be completed on the day appointed in this behalf and no adjournment of proceeding shall be allowed.

Rule - 12. Withdrawal of candidature.--

(1)     Any candidate may withdraw his candidature within three days of completion of scrutiny of nomination papers by a notice in writing signed by him and delivered in person or by his proposer or seconder who has been authorised in this behalf in writing by such candidate, to the Returning Officer.

(2)     The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it to him under sub-rule (1), cause the notice to be affixed in some conspicuous place in his office.

(3)     The notice of withdrawal, once accepted by the Returning Officer shall not be withdrawn.

Rule - 13. List of contesting candidates.--

On completion of the scrutiny of the nominations and after the expiry of the period within which a candidate may withdraw his candidature under rule 12, the Returning Officer shall forthwith under his signature publish on the notice board at the office of the Council, a list of contesting candidates.

Rule - 14. Procedure at uncontested elections.--

After the publication of the list of contesting candidates, if the number of contesting candidates does not exceed the number of vacancies to be filled in, the Returning Officer shall forthwith declare such candidates to be duly elected to fill such vacancies, and report the names of such candidates to the State Government.

Rule - 15. Contested election.--

(1)     When there are more candidates then there are vacancies, the voting shall be by postal ballot.

(2)     The Returning Officer shall forthwith publish the names and addresses of the contesting candidates in the Official Gazette and on the notice board at the office of the Council.

Rule - 16. Printing of voting papers.--

The Returning Officer shall arrange for the printing of voting papers in Form 2, with the names of the contesting candidates entered therein in alphabetical order, according to the English script.

Rule - 17. Dispatch of voting papers to electors.--

(1)     Twenty-one days before the date fixed for the receipt of voting papers under rule 7, the Returning Officer shall send to every elector by post under certificate of posting--

(a)      one voting paper in Form 2 signed by him;

(b)      a smaller blank cover with the words "Voting Paper" printed thereon; and

(c)      a large covet addressed to himself in Form 3.

(2)     The Returning Officer shall make, a mark in one copy of the electoral roll against the name of every elector to whom a voting paper and covers have been sent. The marked copy of the electoral roll and the counterfoils of the voting papers sent shall be sealed in a packet immediately after the date fixed for the receipt of voting papers under rule 7.

Rule - 18. Issue of duplicate voting paper.--

If any elector has not received his voting paper and covers or has inadvertently spoilt the papers or lost them, he may send to the Returning Officer at least seven days before the date fixed for the receipt of voting papers under rule 7, a declaration to that effect signed by himself and the spoilt papers, if any, and require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost. When duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark "Duplicate" made on the larger cover and on the voting paper issued. The Returning Officer shall cancel any spoilt papers received back from the elector.

Rule - 19. Delivery of voting paper to elector in person.--

Any elector whose voting paper is returned undelivered may apply to the Returning Officer in person for such voting paper before the date fixed for the receipt of voting papers under rule 7 and take delivery of the voting paper after satisfying the Returning Officer of his identity and giving a, receipt.

Rule - 20. Recording of votes by elector.--

(1)     On receipt of the voting paper, an elector shall record his votes by putting crosses in column 3 of the voting paper against the names of candidates to whom he wishes to give his votes. The elector shall have as many votes as there are vacancies and can give only one vote to each candidate. The elector shall hot reveal his identity on the voting paper by putting his signature or by any other means.

(2)     After recording his vote, the elector shall put the voting paper in the smaller cover, close it and put it in the larger coyer. The elector shall then close the larger cover and write his full name and sign at the places marked on the larger cover. The larger cover shall be sent by post so as to reach the Returning Officer on or before the date and the hour appointed under rule 7 for the receipt of voting papers.

(3)     Any elector, who is under any disability which incapacitates him from recording his votes in the above manner, may take the assistance of a Gazetted Officer or a Magistrate in recording his votes. Such Officer shall, in such case, record on the back of the larger cover a certificate in the following manner, namely:--

"I ............ hereby certify that ......................

(Name of the Officer) (Name of the elector)

being incapable of recording his votes due to ..............

(Cause of incapacity)

requested me to record his votes and I have recorded his votes according to his desire and in his presence."

Signature ....................

Designation ....................

Rule - 21. Custody of voting papers.--

All covers containing voting papers shall on receipt be kept in a sealed box by the Returning Officer after noting the date and time of receipt on each cover. Any covers received after the date and time fixed for the receipt of voting papers under rule 7 shall be kept in a separate packet and shall not be opened.

Rule - 22. Scrutiny and counting of votes.--

(1)     The scrutiny and; counting of votes shall be undertaken by the Returning Officer at the time, on the day and at the place appointed under rule 7.

(2)     A candidate or not more than one representative duly authorised by him may remain present at the time of counting of votes.

(3)     The whole voting paper shall be treated as invalid--

(a)      if the elector has failed to write his full name and make his signature on the larger cover in which the smaller cover containing the voting paper is kept;

(b)      if the mark (X) is placed opposite the names of more candidates than the number of seats to be filled or if more votes are given than he is entitled to under sub-rule (1) of rule 20;

(c)      if the elector has put his signature on the voting paper or has made any other mark thereon which may reveal his identity.

(4)     If the Returning Officer receives more than one voting paper from one smaller cover, or more than one smaller cover in any larger cover, all such voting papers shall be treated as invalid.

(5)     If the mark (X) is so placed as to make it doubtful to which candidate the elector has given his vote, the vote shall be deemed to be invalid.

(6)     If any elector has given more than ore vote to any candidate, only one of such votes given shall be taken to be valid, provided that the voting paper is otherwise not invalid.

Rule - 23. Declaration of result of election.--

(1)     When the counting of votes is completed, the Returning Officer shall forthwith declare the candidate to whom the largest number of valid votes has been given to be elected. If there is an equal number of votes in favour of each of two or more candidates for one vacancy, the selection shall be determined by the Returning Officer by drawing lot.

(2)     The Returning Officer shall also inform each successful candidate by letter of his having been elected to the Council and report to the State Government the date of declaration of the election, and the result thereof.

(3)     After the result of the election has been declared by him, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain the same with himself in safe custody for a period of six months, and thereafter cause them to be destroyed.

Rule - 24. Election from two or more constituencies.--

(1)     If a person is elected from more than one constituency, he shall by notice in writing signed by him and delivered to the Returning Officer within a period of seven days from the date of declaration of the results, or, where such declaration has been made on different dates, then within seven days from the last of those dates, choose any one of the constituencies which he shall serve and the choise shall be final.

(2)     When such choice is made the candidate, who has received the next largest number of votes in the remaining constituency or constituencies, as the case may be, shall be declared to have been elected from such constituency or constituencies.

(3)     In Case such person fails to notify his choice within the period specified in sub-rule (1), his election from all such constituencies, shall be void, and thereupon the candidates respectively receiving the next largest number of votes in such constituencies shall be declared to have been elected.

Rule - 25. Filling of casual vacancy.--

If there is a vacancy of a member elected under paragraphs (i), (ii), (iii), (iv) and (vii) of clause (b) of sub-section (3) of section 3, the Returning Officer shall, subject to the provision contained in the proviso to sub-section (1) of section 5, take steps to fill it up as soon as possible by election in accordance with the provisions of rules 6 to 24.

Rule - 26. Election of President and Vice-President.--

(1)     At the first meeting of the Council after the elections, the Council shall proceed to elect a President and Vice-President from amongst the members. At the commencement of the meeting, the members present shall elect from amongst themselves, a Chairman for conducting the proceedings till the election of a President. Names shall be proposed and seconded by members at the meeting. Votes shall be taken by ballot, each member present having one vote for the election of President and one vote for the election of Vice-President. If there is an equal number of Votes in favour of each of two or more candidates for the vacancy of President or Vice-President, the selection of the President or Vice-President, as the case may be, shall be determined by the Chairman by drawing lot.

(2)     When any casual vacancy arises in the office of the President or Vice-President, the Council shall elect the President or Vice-President, as the case may be, at the first meeting called after such vacancy.

Rule - 27. Time limit for referring election disputes.--

The time limit for referring any dispute referred to in sub-section (7) of section 3 to the State Government shall be, in the case of elected members, thirty days from the date of declaration of the result of election and, in the case of election of the President or Vice-President, thirty days from the date of his election.

CHAPTER III

Conduct of Business of the Council

Rule - 28. Calling of meetings.--

(1)     The Council shall ordinarily meet for the transaction of business once in every three months; but the President may, whenever be thinks fit, and shall, upon a written requisition of not less than seven members and on a date not later than 15 days after the receipt of such requisition, call an extraordinary meeting.

(2)     The exact date, 'hour and place of such meetings shall be decided by the President.

Rule - 29. Notice for tailing a meeting.--

(1)     All members of the Council shall be given thirty clear days' notice of an ordinary meeting and ten clear days' notice of an extraordinary meeting. Every notice shall also be posted on the notice board at the office of the Council. Such notice shall specify the date time and glace of the meeting and state whether the meeting is for general business or for any special business. If the meeting is for a special business, the nature of such business shall also be mentioned in the notice.

(2)     The Registrar shall send to all members, a copy of the agenda and explanatory notes thereon, ten clear days before the date fixed for an ordinary meeting.

Rule - 30. Motions for insertion in agenda.--

Any member may send a motion to be inserted in the agenda for an ordinary meeting so as to reach the Registrar twenty clear days before the date fixed for the meeting. The Registrar shall take the orders of the President for inclusion of such motion in the agenda, and where any motion is disallowed the reasons for doing so shall also be communicated along with the agenda to the member who sent the motion.

Rule - 31. Attendance at meetings.--

At the commencement of each meeting, an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register.

Rule - 32. Business to be transacted at meetings.--

At an ordinary meeting no business or proposition other than that specified in the agenda and in the case of an extraordinary meeting, in the written request made for convening such meeting, shall be transacted:

Provided that, the presiding authority may permit any business or proposition to be discussed which is of an urgent nature and which could not reasonably be entered in the notice.

Rule - 33. Adjournment of meeting.--

(1)     Subject to the provisions of sub-section (5) of section 8, the presiding authority may, at any time for reasons to be recorded in writing, adjourn the meeting to any future day or to any hour of the same day.

(2)     Whenever a meeting is adjourned to a future day, the Registrar shall, if possible, send a notice of the adjournment to every member who was not present at such meeting.

(3)     When a meeting has been adjourned to a future day, the President may change such day to any other day, and the Registrar shall send a written notice of the change to each member of the Council.

(4)     At an adjourned meeting the business that is left undisposed of at the original meeting from which the adjournment took place shall, unless the President otherwise directs, take precedence over new business.

Rule - 34. Minutes of meetings.--

Minutes of the proceedings of each meeting of the Council shall be kept in a book to be provided for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting respectively for or against any motion. Minutes of the meeting of the Council will be signed by the President, in his absence by the Vice-President and in the absence of the President and Vice-President, by the Presiding authority or Chairman. This book shall be signed by the President at the next meeting after the minutes are confirmed, and shall, at all reasonable times, be open to inspection by any member of the Council. Copies of the minutes shall be supplied to every member of the Council within thirty days from the date of the meeting.

Rule - 35. Circulation of written proposition.--

Whenever it appears unnecessary to the President to convene a meeting he may, instead of convening a meeting, circulate a written proposition with the reasons for such proposition for the observation and votes of the members of the Council and thereupon the provisions of rule 34 shall mutatis mutandis apply.

Rule - 36. Fees for attendance at meetings.--

Every member of the Council (including the President) who is not a Government servant shall be paid a fee of rupees fifty per day for attending a meeting of the Council.

Rule - 37. Travelling allowance for attending meetings.--

The members of the Council (including the. President) shall be paid travelling expenses for attending the meetings of the Council as follows, namely:--

(i)       members who are Government servants may draw the travelling and halting allowance which they may be entitled to claim for travelling on official duties according to their grades under the Bombay Civil Services Rules, 1959: and

(ii)      every local non-official member shall be, paid actual taxi fare for travelling from his place of work to the place of meeting and back. Other non-official members travelling by train or ship or bus or car shall be paid first class railway fare or actual fare not exceeding first class railway fare if the places are connected by railway and daily allowances according to the rules applicable to the Government gazetted officers of the first grade.

CHAPTER IV

Executive Committee

Rule - 38. Number of members.--

The Executive Committee shall have six elected members in addition to the President, Vice-President and Chairman of the Examination Board.

Rule - 39. Term of office.--

The members of the Executive Committee shall hold office for one year from the date of their election:

Provided that, the term of office of the outgoing members shall be deemed to extend to and expire with the day immediately preceding the day on which their successors are elected.

Rule - 40. Disability to continue as member.--

A member shall cease to be a member of the Committee--

(a)      if he ceases to be a member of the Council; or

(b)      if he remains absent from three consecutive meetings of the Committee their successors are elected.

Rule - 41. Resignation of member.--

A member may resign his office at any time by, a notice in writing to the President. Such resignation shall take effect from the date on which it is accepted by the President.

Rule - 42. Casual vacancies.--

(1)     The Council shall, as soon as there is a casual vacancy in the office of a member of the Executive Committee, fill it up by electing a member from amongst its members:

Provided that, any such vacancy, occurring within two months prior to the expiry of the term of the members, shall not be filled.

(2)     A member elected under sub-rule (1) shall hold office so long as the member in whose place he is elected would have held office, if the vacancy had not occurred.

Rule - 43. Calling of meetings.--

The Committee shall ordinarily meet once in every three months, on such date as may be fixed by the President. The President, may, whenever he thinks fit and shall, upon a written requisition of not less than two members and on a date not later than seven days after the receipt of such request, call an extraordinary meeting.

Rule - 44. Notice of meetings.--

All members of the Executive Committee shall be given seven clear days' notice of an ordinary meeting and three clear days' notice in the case of an extraordinary meeting. Such notice shall specify the place, date and time of the meeting, and state whether the meeting is a general meeting or a special meeting and the business to be transacted thereat.

Rule - 45. Presiding authority.--

The President, when present, shall preside at every meeting of the Committee. If at any meeting the President is absent, the Vice-President shall preside over and conduct the meeting. In absence of both, the members present shall elect a member from amongst themselves to preside over the meeting.

Rule - 46. Attendance at meetings.--

(1)     At the commencement of each meeting, an attendance register shall be placed in the meeting room and every member present shall sign before his name in the register.

(2)     Four members including the President shall form a quorum.

Rule - 47. Business to be transacted at meetings.--

At any ordinary meeting no business other than that specified in the notice calling such meeting and in the case of an extraordinary meeting, in the written request made for convening such meeting, shall be: transacted:

Provided that, the presiding authority may permit after recording the reasons any business to be discussed which is of urgent nature and which could not reasonably be entered in the notice.

Rule - 48. Adjournment of meetings.--

(1)     If there is no quorum present, the presiding authority shall adjourn the meeting to another day, and cause a notice to be posted on the notice board at the office of the Council and sent to each member of the Committee. The business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting, and may be disposed of at such meeting or at any subsequent adjournment thereof, whether there be a quorum present or not.

(2)     Any special or ordinary meeting may, with the consent of a majority of members present, be adjourned from time to time; but only the business left undisposed of at the meeting from which the adjournment took place shall be transacted at the adjourned meeting subject to the proviso to rule 47.

Rule - 49. Decision at meeting.--

(1)     All questions at a meeting of the Executive Committee shall be decided by a majority of votes of the members present and voting.'

(2)     The presiding authority shall have and exercise a second or casting vote in all cases of equality of votes.

Rule - 50. Minutes of meetings.--

(1)     Minutes of the proceedings of each meeting of the Committee shall be kept in a book to be kept for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting for or against any question.

(2)     The minutes of the meeting shall be signed by the presiding authority at the next meeting after the minutes are confirmed, and shall, at all reasonable times, be open to inspection by any member of the Committee or of the Council.

(3)     Copies of the minutes shall be supplied to every member within fifteen days from the date of the meeting.

Rule - 51. Other powers, duties and functions of Executive Committee.--

(1)     The Executive Committee shall consider all petitions or applications addressed to the Council and shall submit its report thereon to the Council.

(2)     The Committee shall consider and prepare a report on any subject which may seem to require the attention of the Council or on such subjects as may be indicated to it by the Council.

Rule - 52. Fees for attendance at meetings.--

Every member, shall be paid a fee of rupees fifty per day for attending a meeting of the Executive Committee.

Rule - 53. Travelling Allowance for attending meetings.--

The members shall be paid travelling expenses for attending meetings of the Executive Committee, as per rates specified in rule 37.

CHAPTER V

Examination Board

Rule - 54. Qualifications of Chairman of the Examination Board.--

The Chairman of the Examination Board shall be,--

(i)       a registered medical practitioner having teaching experience of not less than five years at a medical college or institution recognised by Government; or

(ii)      a registered nurse having not less than five years teaching experience at a recognised institution or Nursing College, recognised by the Council.

Rule - 55. Term of office.--

Subject to the provise to sub-section (1) of section 12, the Chairman shall hold office for a period of five years, and the other members of the Examination Board shall hold office for a period of one year, from the date of their election:

Provided that, the term of office of the outgoing Chairman and the outgoing members shall be deemed to extend to and expire with the day immediately preceding the day on which the successor Chairman or successor members, as the case may be, are elected.

Rule - 56. Disability to continue as member.--

Any member including the Chairman shall cease to be a member of the Examination Board if he remains absent from three consecutive meetings of the Board without leave of the Board.

Rule - 57. Resignation.--

(1)     The Chairman of the Examination Board may resign at any time by a notice in writing addressed to the Council and delivered to the President. The resignation shall take effect from the date on which it is accepted by the Council.

(2)     The other members of the Examination Board may resign at any time by a notice in writing addressed to the Chairman. Every such resignation shall take effect from the date on which it is accepted by the Chairman.

Rule - 58. Casual vacancies.--

(1)     The Council shall as soon as there is a casual vacancy in the office of the Chairman or of a member of the Examination Board, fill it up by electing another Chairman or a member to fill such vacancy:

Provided that, the vacancy of a member who is or was an elected member of the Council shall be filled by electing another elected member of the Council and that of any other member shall be filled by electing a person who is not an elected member of the Council:

Provided further that, any such vacancy of a member, occurring within two months prior to the expiry of the term of the members, shall not be filled.

(2)     The Chairman or a member of the Examination Board elected under sub-rule (1) shall hold office only so long as the Chairman or, as the case may be, the member in whose place he is elected would have held office, if the vacancy had not occurred.

Rule - 59. Calling of meetings.--

The Examination Board shall ordinarily meet once in every three months, on such date as may be fixed by the Chairman. The Chairman, may, whenever he thinks fit and shall, upon a written requisition of not less than two members and on a date not later than seven days after the receipt of such request, call an extraordinary meeting.

Rule - 60. Notice of meetings.--

All members of the Examination Board shall be given seven clear days' notice of an ordinary meeting and three clear days' notice in the case of an extraordinary meeting, Such notice shall specify the place, date and time of the meeting and state whether the meeting is a general meeting or a special meeting and the business to be transacted thereat.

Rule - 61. Presiding authority.--

The Chairman, when present, shall preside at every meeting of the Examination Board. If at any meeting the Chairman is absent, the members present shall elect the presiding authority from amongst themselves.

Rule - 62. Attendance at meetings.--

(1)     At the commencement of each meeting, an attendance register shall be placed in the meeting room and every member of the Examination Board present shall sign before his name in the register.

(2)     Four members including the Chairman of the Examination Board shah form a quorum.

Rule - 63. Business to be transacted at meetings.--

At any ordinary meeting of the Examination Board no business other than that specified in the notice calling such meeting and in the case of an extraordinary meeting, in the written request made for convening such meeting, shall be transacted;

Provided that, the presiding authority may permit after recording the reasons any business to be discussed which is of urgent nature and which could not reasonably be entered in the notice.

Rule - 64. Adjournment of meeting.--

(1)     If at any meeting of the Examination Board there is no quorum present, the presiding authority shall adjourn the meeting to another day, and cause a notice to be posted on the notice board at the office of the Council, and sent to each member of the Board. The business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting, or at any subsequent adjournment thereof, whether there be a quorum present or not.

(2)     Any special or ordinary meeting may, with the consent of a majority of members present, be adjourned from time to time, but only the business left undisposed of at the meeting from which the adjournment took place shall be transacted at the adjourned meeting subject to the proviso to rule 63.

Rule - 65. Decision at meetings.--

(1)     All questions at a meeting of the Examination Board shall be decided by a majority of votes of the members present and voting.

(2)     The presiding authority shall have and exercise a second or a casting vote in all cases of equality of votes.

Rule - 66. Minutes of meetings.--

(1)     Minutes of the proceedings of each meeting of the Examination Board shall be kept in a book to be kept for the purpose and shall include the names of the members and if any member present at the meeting so desires, the names of the members voting for or against any question.

(2)     The minutes of the meeting shall be signed by the presiding authority at the next meeting after the minutes are confirmed, and shall, at all reasonable times, be open to inspection by any member of the Examination Board or of the Council.

(3)     Copies of the minutes shall be supplied to every member within fifteen days from the date of the meeting.

Rule - 67. Other duties and function of Examination Board.--

(1)     The Examination Board shall consider all applications addressed to the Council in respect of the examinations conducted by it and shall submit its report thereon to the Council.

(2)     The Examination Board shall call from the authorities of any recognised institution or affiliated institution or from any examining body such information as may be required by the Council and place it before the Council with its report.

(3)     The Examination Board shall consider the results of the examinations conducted by it and submit them to the Council.

67A. Moderation Board.--

There shall be a Moderation Board consisting of five members. The term of the Board shall be of five years. The members of the Board shall be elected by the Council from amongst its members, who have knowledge of various languages and who are residing near the headquarters so that they can attend meetings of the Moderation Board, at a short notice. The Chairman of the Examination Board shall be the Chairman of the Moderation Board.

Rule - 68. Fees for attendance at meetings.--

The Chairman and other members of the Examination Board shall be paid a fee of rupees fifty per day for attending a meeting of the Board.

Rule - 69. Travelling allowance for attending meetings.--

The Chairman and other members of the Examination Board and Moderation Board shall be paid travelling expenses for attending meetings of the Board at the rates specified in rule 37.

CHAPTER VI

Registration and Enlistment

Rule - 70. Form of Register.--

The Register shall be in Form 4.

Rule - 71. Division of Register.--

(1)     Each part of the Register shall be divided into the following sections:--

(i)       Section I shall contain the names of all female nurses who have passed the examination held by the Council.

(ii)      Section II shall contain the names of all female nurses who possess any recognised qualification other than those included in Section I.

(iii)     Section III shall contain the names of all male nurses who have passed the examination held by the Council.

(iv)    Section IV shall contain the names of all male nurses who possess any recognised qualification other than those included in Section III.

(v)      Section V shall contain the names of all female nurses who have passed the examination held by the Council, after training in nursing for women and children only.

(vi)    Section VI shall contain the names of all female nurses who have obtained any recognised qualification other than those included in Section V after training in nursing for women and children only.

(vii)   Section VII shall contain the names of all mid-wives who have passed the examination held by the Council.

(viii)  Section VIII shall contain the names of all mid-wives who possess any recognised qualification other than those included in Section VII.

(ix)    Section IX shall include the names of all mid-wives registered as health visitors who have passed the examination held by the Council.

(x)      Section X shall include the names of all mid-wives registered as health visitors who possess any recognised qualification other than those included in Section IX.

(xi)    Section XI shall include the names of all auxiliary nurse mid-wives who have passed the examination held by the Council.

(xii)   Section XII shall include the names of all auxiliary nurse mid-wives who possess any recognised qualification other than those included in Section XI.

(xiii)  Section XIII shall include the names of all assistant mid-wives who have passed the examination held by the Council.

(xiv)  Section XIV shall include the names of all assistant mid-wives who possess any recognised qualification other than those included in Section XIII.

(xv)   Section XV shall include the names of all registered female nurses who are trained as mid-wives and have passed the examination held by the Council.

(xvi)  Section XVI shall include the names of all registered female nurses who are trained as mid-wives and who possess any recognised qualification in mid-wifery other than those included in Section XV.

(xvii) Section XVII shall contain the names of all persons registered temporarily under clause (b) of sub-section (2) of section 11 of the Indian Nursing Council Act, 1947.

(xviii)   Section XVIII shall include the names of female Auxiliary Nurse Midwives (M.H.W.) who have passed the examination of revised Auxiliary Nurse Midwifery (M.H.W.) course held by the Council.

(xix)  Section XIX shall contain the names of all female Auxiliary Nurse Midwives (M.H.W.) who possess the recognised qualification of revised Auxiliary Nurse, Midwifery (M.H.W.) course other than those included in section XVIII.

(xx)   Section XX shall include the names of all male nurses who have passed the examination of revised Auxiliary Nurse Midwifery (M.H.W.) course held by the Council.

(xxi)  Section XXI shall include the names of all male nurses who have passed the examination of revised Auxiliary Nurse Midwifery (M.H.W.) and who possess the recognised qualification of revised Auxiliary Nurse Midwifery (M.H.W.) course other than those included in Section XX.

(xxii) Section XXII shall include the names of all registered nurses who have passed the Orthopaedic Nursing examination held by the Council.

(xxiii)   Section XXIII shall include the names of all registered nurses who are trained as Orthopaedic nurses and who possess any recognised Qualification in Orthopaedic musing other than-those included in Section XXII.

(xxiv)   Section XXIV shall include the names of all registered nurses who are trained as Psychiatric nurses and have passed the examination held by the. Council.

(xxv)Section XXV shall include the names of all registered nurses who are trained Psychiatric nurses and who possess any recognised qualification in Psychiatric Nursing other than those included in Section XXIV.

(xxvi)   Section XXVI shall include the names of all registered nurses who are trained as Operation. Theatre Technique nurses and have passed the examination held by Council.

(xxvii)  Section XXVII shall include the names of all registered nurses who are trained as Operation Theatre Technique nurses and who possess any recognised qualification in Operation Theatre Technique Nursing other than those included in Section XXVI.

(xxviii) Section XXVIII shall include the names of all female nurses who are trained as General nurses and Midwives and have passed the examination held by the Council.

(xxix)   Section XXIX shall include the names of female nurses who are trained as General nurses and Midwives and who possess any recognised qualification in General Nursing and Midwifery other than those included in Section XXVIII.

(xxx)Section XXX shall include the names of all nurses who are trained as General muses and Psychiatric nurses and have passed the examination held by the Council.

(xxxi)   Section XXXI shall include the names of all nurses who are trained as General nurses and Psychiatric nurses and who possess any recognised qualification in General Nursing and Psychiatric Nursing other than those included in Section XXX.

(xxxii)  Section XXXII shall include the names of all nurses who are trained as General nurses and Orthopaedic nurses and have passed the examination held by the Council.

(xxxiii) Section XXXIII shall include the names of all nurses who are trained as General Nursing and Orthopaedic Nursing and who possess any recognised qualification in General Nursing and Orthopaedic Nursing other than those included in Section XXXII.

(xxxiv) Section XXXIV include the names of all nurses who are trained as General nurses and Operation Theatre Technique nurses and have passed the examination held by the Council.

(xxxv)  Section XXXV shall include the names of all nurses who are trained as General nurses and Operation Theatre Technique nurses and who possess any recognised qualification in general nursing and Operation Theatre Technique Nursing other than those included in Section XXXIV

(xxxvi) Section XXXVI shall include the names of all nurses who are trained as General nurses and Occupational Health nurses and have passed the examination held by the Council.

(xxxvii)               Section XXXVII shall include the names of all nurses who are trained as General nurses and Occupational Health nurses and who possess any recognised qualification in General Nursing and Occupational Health Nursing other than those included in Section XXXVI.

(xxxviii)              Section XXXVIII shall include the names of all nurses who are trained as General nurses and Opthalmic nurses and have passed the examination held by the Council.

(xxxix) Section XXXIX shall include the names of all registered nurses who are trained as General nurses and Opthalmic nurses and who possess any recognised qualification in General Nursing and Opthalmic Nursing other than those included in Section XXXVIII.

(xl)    Section XXXX shall include the names of all muses who are trained as General nurses and Tuberculosis nurses and have passed the examination held by the Council.

(xli)   Section XXXXI shall include the names of all nurses who are trained as General nurses and Tuberculosis nurses and who possess any recognised qualification in General Nursing and Tuberculosis Nursing other than those included in Section XXXX.

(xlii)  Section XXXXII shall include the names of all nurses who are trained as General nurses and Neurosurgical nurses and have passed the examination held by the Council.

(xliii) Section XXXXIII shall include the names of all nurses who are trained as General nurses and Neurosurgical nurses and who possess any recognised qualification in General Nursing and Neurosurgical Nursing other than those included in Section XXXXII.

(xliv) Section XXXXIV shall include the names of all nurses who are trained as General nurses and Leprosy nurses and have passed the examination held by the Council.

(xlv)  Section XXXXV shall include the names of all nurses who are trained as General Nurses and Leprosy nurses and who possess any recognised qualification in General Nursing and Leprosy Nursing other than those included in Section XXXXIV.

Explanation.--For the purpose of this rule 'recognised qualification' shall be any qualification included in Part I of the Schedule to the Indian Nursing Council Act, 1947.

(2)     All names entered in the Registers referred to in sub-sections (4) and (5) of section 17, shall be included in the appropriate part and section of the Register.

Rule - 72. Application for registration.--

(1)     An application for registration shall be made in Form 5 along with a passport size photograph in Nurse's uniform and the certificate of training issued by the Nursing Superintendent or the Head of the institution where the applicant is trained. The photograph should be duly attested on the front by the Matron of the said training institution. The Form will be supplied by the Registrar on request.

(2)     Any person who has passed the examinations prescribed by by-laws made by the Council under section 25 after completion of the courses of training prescribed under the said by-laws shall be eligible for registration.

(3)     A fee of rupees one hundred shall be paid along with the application for registration and postal charges as decided by the Council, from time to time. Fees shall be accepted by a Demand Draft, postal order, or in cash.

Rule - 75. Certificate of registration.--

The certificate of registration to be given to every registered practitioner under sub-section (8) of section 17 shall be in Form 8.

Rule - 76. Temporary registration.--

(1)     Any person who desires to be registered, temporarily under clause (b) of sub-section (2) of section 11 of the Indian Nursing Council Act, 1947, shall apply to the Registrar in Form 9 which will be supplied by the Registrar on request.

(2)     The certificate of temporary registration shall be in Form 10, and shall be printed on paper of a colour different from the paper on which the certificate of registration under rule 75 is printed.

Rule - 77. Form of List and its division.--

(1)     The List prepared under section 19 shall be in Form 11.

(2)     The List shall be divided into four sections, namely:--

Section I--Nurses and mid-wives.

Section II--Nurses only.

Section III--Mid-wives only.

Section IV--Health Visitors.

Rule - 78. Certificate of enlistment.--

The certificate of enlistment to be given to every nurse whose name is entered in the List shall be in Form 12.

Rule - 79. Renewal of registration and enlistment.--

(1)     Every registered nurse and every nurse whose name is entered in the list prepared under section 19 shall, while applying to the Registrar under section 24 for renewal of registration and enlistment, pay a renewal fee of rupees thirty alongwith the original registration certificate with a passport size photograph in uniform, duly certified. However, in acse the photograph is already attached at the time of original registration, no fresh photograph need be attached at the time of renewal of registration.

(2)     The renewal endorsement shall be made on the registration certificate.

(3)     Where the name of a nurse has been removed from the Register or the list under clause (b) of sub-section (2) of section 24, an additional fee of rupees ten per calendar year or part thereof, from the due date of renewal, shall have to be paid along with the renewal fee for re-entering the name in the Register or the List, as the case may be.

CHAPTER VII

Inquiries

Rule - 80. Complaints against nurses.--

(1)     The Council may suo motu or on any complaint made to it in that behalf, hold an inquiry as respects the misconduct of any nurse for the purposes of section 23 of the Act.

(2)     Any complaint or information received in the office of the Council about the alleged misconduct of any nurse shall be submitted by the Registrar to the President.

(3)     No complaint shall be entertained unless it is writing addressed to the Council and signed by the person making it, and shall state the grounds of complaint, and shall be accompanied by declarations as to the facts of the case. All anonymous complaints may be disregarded.

(4)     Every declaration shall state the description and true place of abode of the declarant, and where a fact stated in a declaration is not within his personal knowledge, the source of the information and grounds for the belief of the declarant in its truth shall be accurately and fully stated. Any declaration or part thereof, which is made in contravention of this rule, shall not be accepted as evidence.

(5)     If the President has reason to believe that a complaint is pseudonymous, he may call upon the complainant to furnish further particulars, for ascertaining if the complaint is genuine.

Rule - 81. Procedure for submission of complaint to Executive Committee.--

(1)     Subject to the provisions of rule 80, the President may, on going through the complaint and all papers submitted by the complainant, instruct the Registrar to ask the nurse by means of a registered letter for any explanation she may have to offer.

(2)     All the documents pertaining to the complaint including any explanation forwarded by the nurse shall then be referred to the Executive Committee along with the remarks of the President, if any.

Rule - 82. Power of Executive Committee to refer complaint to Council.--

(1)     The Executive Committee shall consider the complaint, and may cause further investigation to be made and may take such legal advice by consulting any legal practitioner as it may deem fit.

(2)     If the Committee is of opinion that a prima facie case is not made out and that the case should therefore, be filed; or that the circumstances of the case suggest that a warning to the nurse would be adequate; or that the case is one where the name of the nurse should be removed from the Register or the List, as the case may be; the Committee shall record its findings accordingly, and direct the Registrar to take steps for having the case heard and determined by the Council.

Rule - 83. Procedure for referring the case to Council.--

(1)     Where the Executive Committee is of opinion that the case should be filed or that a warning would be adequate, the Committee may require the Registrar to call by a letter sent by registered post for the explanation, if any, of the nurse, within fifteen days of the date of receipt of that letter by the nurse.

(2)     After the expiry of the time limit referred to in sub-rule (1), all the papers of the case including the explanation, if any, of the nurse, shall be referred to the Council.

(3)     On receipt of the papers under sub-rule (2), the Council shall consider the case and may decide,--

(a)      to file the papers;

(b)      to exonerate the nurse of the charge; or

(c)      to direct an inquiry to be held as laid down in rules 84 to 91.

Rule - 84. Cases in which Council to hold inquiry.--

In all cases in which an inquiry for purposes of clause (b) of sub-section (1) of section 23 is necessary, an inquiry shall be held by the Council in accordance with the procedure prescribed in rules 85 to 91:

Provided that, such inquiry shall not be necessary in cases where a nurse has been convicted for misconduct within the meaning of clause (i) of the Explanation to sub-section (1) of section 23. In such cases, the President shall obtain and place before the Council a copy of the Court's judgment and the Council shall thereupon decide upon the penalty to be imposed under rule 91 read with section 23 of the Act.

Rule - 85. Notice of charges on nurse.--

(1)     The President shall cause to be served on the nurse a notice in Form 14, subject to such variations as the circumstances of the case may require. Such notice shall specify the nature and particulars of the charge and shall inform the nurse of the day on which the Council intend to deal with the case, and shall call upon the nurse to put in a written statement of defence within a period of not less than fifteen days or such other period not exceeding sixty days as may be permitted by the President, and to attend before the Council on such day. The notice shall be sent three weeks before the date of inquiry. Such charge shall be drawn clearly and precisely.

(2)     The notice shall be accompanied by a statement of allegations on which each charge is based. The relevant allegations as to facts, the inferences which they lead to, and the circumstances supporting such inferences shall be clearly mentioned along with any other circumstances proposed to be considered while passing orders on the case.

(3)     Copies of the relevant documents, if any (including any document given or sent to the Council by or on behalf of the other party which such other party shall be entitled on proper proof to use at the hearing as evidence in support of or in answer to the charge specified in the notice of inquiry), shall also be supplied to the nurse along with the notice and statement of allegations.

(4)     Copies of any other documents or statements required by such nurse to prepare her defence may also be supplied to him or her on request or the nurse may be allowed to take copies.

Rule - 86. Reply to notice.--

The nurse shall file a written statement of his or her defence within the time specified in the notice or within such extended period as is permitted by the President on being satisfied that the nurse was prevented from filing the same within the specified time by the circumstances beyond his or her control and shall also state whether hearing in person by the Council is desired.

Rule - 87. Members of Council and complainant, if any, to be supplied with copies of all documents, etc.--

(1)     Copies of all material documents including the written statement of defence, if any, which is placed before the Council as evidence in regard to the case, shall be supplied to all members of the Council before the hearing of the case commences.

(2)     The complainant may, on application in writing, obtain copies of any explanation, statement or other documents put forth in his or her defence by the nurse.

Rule - 88. Legal assistance at inquiry.--

At the hearing of the case by the Council, the Council may be represented by any legal practitioner and the complainant if any, and the nurse may also be represented or assisted by their legal practitioner.

Rule - 89. Procedure of inquiry.--

(1)     Where a complainant appears personally or by a legal practitioner, the following procedure shall be followed, namely:--

(a)      The Registrar will read to the Council the notice of inquiry addressed to the nurse.

(b)      The complainant will then be invited to state his case by himself or his legal practitioner and to produce his evidence in support of it. At the conclusion of the evidence of the complainant, his case will be closed.

(c)      The nurse shall then be invited to state his or her case either personally or through a legal practitioner and to produce his or her evidence in support of it. The nurse may address the Council either before or at the conclusion of his or her evidence, but only once.

(d)      At the conclusion of the nurse's case, the Council shall, if the nurse has produced evidence, hear the complainant in reply on the case generally, but may hear no further evidence except in any special case in which the Council may think it right to receive such further evidence. If the nurse produces no evidence, the complainant will not be heard in reply except by special leave of the Council.

(e)      Where a witness is produced by any party before the Council, he will be first examined by the party producing him, and be cross-examined by the adverse party, and then re-examined by the party producing him The Council shall have the right to decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross-examination.

(f)       The President may put question to the complainant and the nurse including any of their witnesses; and members of the Council, through the President, may likewise put questions to them.

(2)     Where there is no complainant or no complainant appears, the following procedure shall be followed, namely :--

(a)      The Registrar shaft read to the Council the notice of inquiry addressed to the nurse, and will state the facts of the case and produce before the Council the evidence by which it is supported.

(b)      The nurse shall then be invited to state his or her case either personally or through a legal practitioner and to produce her evidence in support of it. The nurse may address the Council either before or at the conclusion of his or her evidence, but only once.

(c)      The legal practitioner of the Council, if any, may be heard in reply, if the Council so desires.

Rule - 90. Record of proceedings at inquiries.--

The President shall keep a record of the proceedings at the inquiry held under rule 89, including the evidence of each witness.

Rule - 91. Power of Council to give further opportunity to nurse to make statement.--

Notwithstanding, anything contained in rule 89, after the completion of the inquiry the nurse shall be given a further opportunity of making any oral or written statement. Copies of such evidence as are required by the nurse for making such statement shall be supplied to him or her.

Rule - 92. Decision of Council and implementation.--

(1)     As soon as the hearing of the case is over and the nurse has made his or her oral or written statement, if any, the Council shall deliberate thereon in private and at the conclusion of the deliberation, the President shall pronounce its decision immediately thereafter or at any time thereafter in terms of clause (a) or (b) of sub-section (1) of section 23; and thereupon the President shall issue an order in writing communicating the said decision to the parties concerned.

(2)     Further action to implement the decision of the Council shall be taken by the Registrar on the expiry of the period of appeal under sub-section (5) of section 23, if no appeal is filed during that period; and where an appeal has been filed, such action shall be subject to the order passed by the State Government on such appeal.

Rule - 93. Re-entry of name of nurse in Register or List.--

(1)     Every application for re-entry of name in the Register or the List shall be in Form 15 and specify the grounds on which the application is made. The application shall be accompanied by the applicant's degree, diploma or certificate, if any, and also by a certificate from any Gazetted Officer of the State Government or from a Special Executive Magistrate as to the applicant's good character since the removal of the applicant's name from the Register or the List, as the case may be.

(2)     The President shall cause such inquiries to be made as he deems fit in respect of the application and place it before the Council at its next meeting for decision.

(3)     The decision of the Council shall be communicated to the applicant and if the Council agrees to re-enter the name in the Register or the List, as the case may be, a fee of ten rupees be paid by the applicant before the name is re-entered in the Register or, as the case may be, the List, by the Registrar.

CHAPTER VIII

Appeals

Rule - 94. Appeals.--

(1)     Every appeal by a person aggrieved by any decision of the Registrar shall be addressed to the President, shall state the grounds for the appeal and shall be accompanied by all relevant documents in original which shall be returned along with the decision communicated under sub-rule (3).

(2)     The President may call for any additional particulars that may be required after going through the appeal, and the original papers on which the Registrar has given his decision.

(3)     The appeal shall be placed before the next ordinary meeting of the Council. The Council shall, after giving a hearing to the appellant and the Registrar, take a decision which shall be communicated to the appellant by registered post.

CHAPTER IX

Conditions of Service of Registrar and Other Staff, Method of Recruitment of Other Staff and Supervisory Powers and Duties of Registrar

Rule - 95. Registrar.---

(1)     The post of Registrar shall be permanent. The Registrar shall be a full-time officer of the Council and shall not do any other work except with the permission of the Council. Any person, on his first appointment to a clear vacancy in the office of the Registrar, shall be on probation for one year.

(2)     The Registrar shall draw pay in the scale of Rs. 3000--100--3500--125--4500 with special pay of. Rs. 100 per month as per Government Resolution, No. MNC-1284/69/MED-8, dated the 22nd November 19988. The Registrar shall be entitled to dearness allowance and other allowances as admissible to the employees of Government of Maharashtra in the corresponding grade and he shall also be entitled to get the revised pay-scale of the corresponding grade in the State cadre, as revised from time to time.

Rule - 96. Other employees of Council.--

No Officer or servant of the Council shall, without the previous permission of the Council, engage himself in any work unconnected with the work of the Council.

Rule - 97. Attendance.--

(1)     The Registrar and other employees of the Council shall attend office at the hours prescribed by Government for Government offices in Greater Bombay and at other times when considered necessary.

(2)     The Registrar shall not absent himself from duties without permission of the President. The other employees of the Council shall not be absent from their duties without permission of the Registrar.

Rule - 98. Leave.--

(1)     (a) Leave shall not be claimable as a matter of right. The Registrar shall at his discretion grant, refuse or cancel the leave to his sub-ordinate officers and other staff of the Council.

(b) Casual leave to the subordinate Officers and other staff shall be sanctioned by the Registrar and to the Registrar, by the President.

(2)     Casual leave may be given for special and unforeseen circumstances for a period of not more than eight days at a time, the total period of leave in a year being limited to the casual leave admissible to State Government employees. Casual leave may, with the permission of the sanctioning authority, be prefixed or suffixed to any Sunday or holiday.

(3)     Every employee of the Council (including the Registrar and temporary employees) may be granted leave according to the provisions of Bombay Civil Services Rules, 1959, as amended from time to time.

Rule - 99. Retirement.--

The normal age of retirement for all employees, including the Registrar, shall be 58 years:

Provided that, the Council may, with the previous sanction of the State Government, grant extension of service to any employee for periods not exceeding one year at a time.

Rule - 100. Resignation.--

(1)     The Registrar may leave service of the Council after giving three months' notice. If he leaves without giving notice, he shall forfeit three months' pay.

(2)     Any other employee of the Council may leave service after giving one month's notice, if he is temporary, and three months' notice, if he is permanent. In the case of failure to give the required notice, the employee shall have to forfeit pay for the notice period.

Rule - 101. Termination of services.--

(1)     The Council may terminate the services of any employee other than the Registrar, after due enquiry, giving such employee a fail opportunity to explain as to why his services should not be terminated. The Council may also impose any other minor penalty on any employee other than the Registrar, after giving such employee a show cause notice :

Provided that, it shall be lawful for the Council to terminate the services of any of its employees, who is appointed on a purely temporary basis and who has given an undertaking that his services are liable to be terminated at any time without notice and without assigning any reason.

(2)     In case of serious default by any employee other than the Registrar the President may suspend such employee pending a full-fledged enquiry. During the period of suspension, such employee may be paid subsistence allowance according to the provisions of the Bombay Civil Services Rules, 1959, as amended from time to time.

Rule - 102. Provident Fund.--

(1)     The Council shall establish a provident fund, which shall be administered, maintained and used in accordance with the rules prescribed in Schedule "A" to the rules.

(2)     The provident fund maintained for its staff, if any, by each of the Councils dissolved under section 42, shall be merged with and form part of the provident fund established under these rules.

(3)     Subscription to the provident fund shall be compulsory for all permanent officers and servants of the Council and for all temporary officers and servants, who have put in more than one year's continuous service:

Rule - 103. Method of recruitment of other employees of the Council.--

(1)     All appointments of other employees of the Council (excluding the Registrar) shall be made from amongst the persons recommended, if any, by the Employment Exchange :

Provided that where no candidate has been recommended by the Employment Exchange or where none of the candidates recommended by the Employment Exchange is found suitable, the vacancies shall be advertised by the Registrar in one or more newspapers and the appointment shall be made from amongst the persons who apply in response to the advertisement, if found suitable.

(2)     Any candidate for appointment as a clerk should--

(i)       not be more than the age prescribed by the State Government for recruitment of clerk in its establishment.

(ii)      have passed the Secondary School Certificate Examination or an examination equivalent thereto; and

(iii)     possess a certificate of speed in English and Marathi typing of not less than thirty words per minute.

(3)     The appointment of a senior clerk shall be made either--

(a)      by promotion of a clerk, or

(b)      from amongst candidates who are not more than 28 years of age and are graduates of any recognised University.

(4)     The appointment to the post of Deputy Registrar shall be made from amongst B. Sc. Nursing, Registered Nurses and Midwives with a post certificate diploma or a certificate in Administration and Education and who are not more than thirty-five years of age and possess at least five years experience in Teaching student nurses or in administration in Government or Semi-Government or similar organisation.

(5)     The appointment to the post of Registrar shall be made either,--

(i)       by promotion of a Deputy Registrar having not less than ten years experience as the Deputy Registrar of the Council; or

(ii)      from amongst the candidates who are not more than forty years of age and are post graduate in Nursing of any recognised University and possess at "least seven years experience in teaching student nurses or in administration in Government or Semi-Government or similar organisation :

Provided that preference may be given to the candidates having exceptional qualifications and experience or both.

Rule - 104. Duties of Registrar.--

(1)     The Registrar shall have general control over the management of the office. All the other employees shall be directly under the Registrar, who shall assign to them then duties.

(2)     The Registrar shall keep the registers in accordance with the provisions of the Act and these rules.

(3)     The Registrar, as Secretary of the Council, shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the manner required under these rules.

Rule - 105. Maintenance of account books and other registers.--

The Registrar shall maintain the following books and registers :--

(1)     Cash book;

(2)     Ledger;

(3)     Inward and Outward register including postage accounts;

(4)     Dead stock register;

(5)     Stock register for piloted certificates;

(6)     Receipt books;

(7)     Register for giants;

(8)     Voucher files;

(9)     Attendance roll;

(10)   Register of leave accounts;

(11)   Registers required for the Provident Fund of the Council;

(12)   Service Books; and

(13)   Other registers that may be necessary.

Rule - 106. Opening of Bank account.--

An account shall be opened in the name of the Council, in the State Bank of India, Bombay, or in any other Scheduled (Nationalised) Bank decided by the Council and all monies of the Council shall be deposited in the Bank, subject to the provisions of rule 107.

Rule - 107. "Receipt of money.--

The Registrar shall receive all monies payable to the Council. He shall not retain in his hands a sum exceeding Rs. 500 the balance being lodged in the Bank to the credit of the Council the next working day.

Rule - 108. Signature to documents.--

Every document to be examined by the Council shall be sealed or signed, as may be necessary on behalf of the Council, as follows :--

(a)      The common seal of the Council shall be affixed to any document in the presence of any one member of the Executive Committee and the Registrar.

(b)      Transfer of securities, stocks and shares (whether by endorsement or separate transfers) shall be signed by any two members of the Executive Committee and by the Registrar.

(c)      All cheques drawn on the Council account in the Bank shall be signed by any one member of the Executive Committee and by the Registrar.

(d)      Endorsement on cheques in favour of the (Council and receipt shall be signed by the Registrar and in his absence, by such person as the Council may authorise.

Rule - 109. Annual statement of income and expenditure.--

The Registrar shall in the month of July in each year prepare a statement of the income and expenditure of the preceding financial year, and draw the attention of the Council to such matters as seem deserving of notice.

Rule - 110. Annual Accounts and Audit.--

The annual accounts shall be made up by the Registrar under the direction of the Executive Committee. They shall be audited by the Chief Auditor, Local Fund Accounts, as soon as possible after the close of each financial year.

Rule - 111. Estimates of revenue and expenditure.--

(1)     In the month of September in each year, an estimate of the revenue and of the expenditure of the Council for the year commencing on 1st April then next ensuing, shall be laid before the Council.

(2)     Such estimates shall make provision for the fulfilment of the liabilities of the Council and for effectually carrying out its objects. It shall include on its revenue side besides all revenue ordinarily anticipated, all fees received from registration and other sources.

(3)     The Council shall consider the estimate so submitted to it and shall sanction the same without modifications or subject to such modifications as it may deem fit.

Rule - 112. Supplementary estimates.--

The Council may at any time during the year for which any estimate has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered and sanctioned by the Council in the same manner as if it were an original annual estimate. No expenditure shall be incurred by the Council which is not duly provided for in the budget or in a supplementary budget

Rule - 113. Scrutiny of claims.--

A bill or other voucher presented as a claim for money shall be received and examined by the Registrar. If the claim is for a sum not exceeding Rs. 500 and the bill is in order, he shall pay it. If the claim is for a sum exceeding Rs. 1,000, payment shall be made after the claim is sanctioned by the President. If the claim is for a sum exceeding Rs. 1,000, payment shad not be made until it has been examined and passed by the Executive Committee or Finance Committee.

Rule - 114. Accounting of all sums received or spent.--

The Registrar shall immediately bring into account in the cash book all monies received or spent by the Council.

Rule - 115. Application of Bombay Civil Services, Rules.--

Save as otherwise expressly provided in these rules, the provisions of the Bombay Civil Services Rules, 1959, as amended from time to time, shall apply to the employees of the Council as they apply in relation to Government servants.

CHAPTER X

Miscellaneous

Rule - 116. Form of list of nurses on the Register and particulars to be included.--

(1)     The list of nurses on the Register printed and published under sub-section (1) of section 22 shall be in Form 16. Such list shall be divided into five parts corresponding to the parts of the Register and the names in each part shall be arranged in alphabetical older. Every such list to be published subsequent to the first list, shall show the names of all persons who stand registered as on the 31st December preceding the year of such publication, and shall be published on or before a date to be decided by the Council.

(2)     There shall be made every year, and entered in the printed list of registered nurses, enumeration of--

(i)       the total number of nurses borne on the Register on the 31st December immediately preceding such year;

(ii)      the number of nurses added by registration during such preceding year;

(iii)     the number restored to the Register;

(iv)    the number removed from the Register, stating the section under which the name has been removed; and

(v)      the number removed by reason of death.

Rule - 117. Form of list of nurses on the list and particulars to be included:--

(1)     The list of nurses on the list printed and published under sub-section (1) of section 22, read with sub-section (5) thereof shall be in Form 17. Every such List to be published subsequent to the first List shall show in alphabetical order the names of all persons who stand enlisted as on the 31st December preceding the year of such publication, and shall be published on or before a date to be decided by the Council.

(2)     There shall be made every year and entered in the printed List of enlisted nurses, enumeration of--

(i)       the total number of nurses borne on the List on 31st December immediately preceding such year;

(ii)      the number of nurses restored to the List during such preceding year;

(iii)     the number removed from the List, stating the section under which the name has been removed; and

(iv)    the number removed by reason of death.

Rule - 118. Manner of publication of nurses' list.--

(1)     Printed copies of the two lists of nurses on the Register and the List respectively shall be published by the Registrar by exhibiting them on the notice board of his office. A notice that the printed copies of the lists have been exhibited on the notice board and are available for perusal shall be given by the Registrar in the Official Gazette and such newspapers as the Council may select.

(2)     Printed copies of the two lists shall be distributed to such officers, institutions and other organisations as the State Government may from time to time direct and the Council may from time to time decide.

(3)     Printed copies shall also be kept for sale to the public.

Rule - 119. Nurses Establishment.--

(1)     An application for a licence to carry on a nurses establishment shall be made in Form 18 and shall be sent by post or otherwise to the licensing authority of the area. A fee of rupees one-hundred shall be paid along with the application.

(2)     An application for a licence by a nurses, establishment already in-existence (in the area in which Chapter V comes into force) shall be made within two months from the date on which these rules come into force.

(3)     An application for the renewal of the licence shall be made hot less than two months before the date on which the licence is due to expire.

(4)     The applicant shall furnish to the licensing authority such further information in his possession as the licensing authority may require in respect of the nurses establishment.

(5)     The memorandum of appeal to the State Government under sub-section (5) of section 27 shall be accompanied by a fee of rupees twenty-five.

Rule - 120. Allowances for attending meetings of other Committees.--

The members of any other Committee or Committees - appointed by the Council under sub-section (4) of section 11 shall be paid travelling expenses for attending meetings of such Committee or Committees at the rates specified in rule 37.

Rule - 121. Fees and allowances for attending meetings of appellate authority.--

(1)     The chairman and members of the appellate authority referred to in sub-section (4) of section 19 who are not Government servants, shall be paid a fee of rupees ten per day for attending a meeting of the appellate authority.

(2)     The Chairman and the members of the appellate authority shall be paid travelling expenses for attending meetings of the appellate authority at the rates specified in rule 37.

Rule - 122. Charging of fees.--

The following fees shall be levied by the Council, namely.--

(a)      for recording change of name or address in the Register or the List, rupees thirty;

(b)      for entering each recognised higher qualification in the Register, rupees thirty;

(c)      for issue of a duplicate certificate of registration or enlistment rupees fifty; and

(d)      for issue of a certified copy of an entry in the Register or the List, rupees ten;

(e)      for sending verification to foreign countries, rupees three hundred only.

SCHEDULE "A"

(Vide rule 102 of the Maharashtra Nursing Council Rules, 1971)

Rules for Provident Fund of the Maharashtra Nursing Council.

1.        Definitions.--

In these rules, unless there is anything repugnant to the subject or context--

(a)      " family" means--

(i)       in the case of a male subscriber, the wife and children of a subscriber, and the widow and children of a deceased son of the subscriber:

Provided that, if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she -belongs to be entitled to maintenance, she shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these, rules relate, unless the subscriber subsequently indicates by express notice in writing to the Registrar that she shall continue to be regarded as a member of his family;

(ii)      in the case of 2 female subscriber, the husband and children of the subscriber, and the widow and children of a deceased son of the subscriber :

Provided that, if a subscriber by notice in writing to the Registrar expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him.

Explanation 1.-- "Children " means legitimate children. -

Explanation- 2.--An adopted child shall be considered to be a child, when the Registrar or if any doubt arises in the mind of the Registrar, the Solicitor to the Government of Maharashtra, is satisfied that under the personal law of the subscriber, adoption is legally recognised as conferring the status of a natural child but in this case only;

(b)      "fund" or "Provided Fund" means the Provident Fund established and maintained under these rules;

(c)      "pay" means pay, substantive and officiating, special pay or leave salary; and also includes dearness pay;

(d)      " year " means financial year.

2.        Application.--

These rules shall apply to the employees of the Council for whom subscription to the provident fund is compulsory under sub-rule (3) of rule 102 of the Maharashtra Nursing Council Rules, 1971.

3.        Management.--

The Fund shall be administered by the Registrar under the direction of the Council in accordance with these rules.

4.        Constitution of Fund.--

(1)     The fund shall be made up of--

(a)      subscriptions,

(b)      contributions, and

(c)      interest on subscriptions and contributions.

(2)     The Council shall, as soon; as practicable and in any case at least every six months, invest in the name of the Council, the corpus and all monies of the Fund through the Reserve Bank of India in Government securities within the meaning of clause (a) of section 2 of the Indian Securities Act, 1920, or in securities of the nature specified in clauses (c) and (d) of section 20 of the Indian Trust's Act, 1882 :

Provided, that, monies which are required to be applied immediately or within twelve months may be deposited with the State Bank of India or any other Bank approved by the State" Government in this behalf.

5.        Rate of subscription and manner of recovery.--

(1)     The amount of subscription shall be fixed by the subscriber himself, subject to the following conditions, that is to say,--

(a)      It shall be expressed in whole rupees; and

(b)      It may be any sum not less than 10 per cent. and not more than 25 per cent. of his pay.

(2)     The subscriber shall intimate to the Registrar the fixation of the amount of his subscription in writing when he is first required to join the Provident Fund, and thereafter, at least one month before the commencement of each year.

(3)     The amount of subscription so fixed, shall remain unchanged through-out the year.

(4)     Subscription as fixed by the subscriber under sub-rule (2) shall be deducted every month from his pay and credited to his account. It shall be considered as paid to the fund on the first day of the month following that in respect of which the pay is due.

6.        Contributions.--

The Council's contribution shall be equal to 8 per cent. of the subscriber's pay during the year, and shall be made yearly on 31st March, except in the case of death or retirement of a subscriber when the Council's contribution to that subscriber's account shall be calculated to date. The amount of contribution payable by the Council shall be rounded off to the nearest whole rupee (i.e., fifty paise and above shall be treated as one rupee, and amounts less than fifty paise shall be ignored).

7.        Gratuity.--

If an employee of the Council retires or resigns or dies while in service, the Council shall pay to such employee by way of gratuity an amount equal to half month's pay for each completed year of service, the maximum amount to be so paid being not more than twenty months' pay.

Provided that, the amount shall not be so paid unless the employee has put in at least five years continuous service with the Council.

Explanation.--For purposes of this rule, the pay of the employee shall be the average pay drawn by him during the three years immediately preceding the date of his retirement from service, any periods of leave on reduced pay or leave without pay being ignored.

8.        Rate of interest.--

(1)     Interest, at the same rate as is fixed by the Government of Maharashtra from time to time for a subscriber to the General Provident Fund, shall be allowed by the Council on the amount at the credit of a subscriber, and shall be credited annually on the 31st March or when any subscriber quits service or dies while in service, on the date of his quitting service, or death as the case may be.

(2)     If the interest payable under this rule exceeds the interest earned by the Council on the investments of the Provident Fund, such excess shall be provided by the Council from other funds at its disposal and shall not be charged to the State Government.

9.        Accounts.--

(1)     A separate account shall be kept for each subscriber showing the amount of his own personal subscriptions, with the interest thereon as- it accrues, and his share of the yearly contribution of the Council with interest thereon and the amount of advances outstanding, if any. The account shall be maintained in whole rupees, fractions of a rupee equal to or exceeding fifty paise being counted as one rupee and fractions of a rupee less than fifty paise being ignored. A copy of his account for the previous year shall be furnished to each subscriber not later than 31st July in each year.

(2)     The Council shall deposit each year in the Fund an amount to be fixed with reference to the charges to be met by the Council in payment of liability to the Fund.

(3)     The following books of account shall be maintained :--

(a)      Provident Fund Ledger;

(b)      Register of Subscribers;

(c)      Provident Fund Cash Book;

(d)      Register of Advances and Recoveries; and

(e)      Investment Register.

10.     Circumstances in which accumulations are payable.--

The total sum at the credit of a subscriber shall be payable to him on the termination of his service, subject to the right of the Council to deduct therefrom any sum due to themselves, provided that, the total sum deducted shall not exceed the total of their contributions credited to his accounts, and provided that--.

(a)      a subscriber who resigns his post within five years after his admission to the Fund will receive his own subscriptions and his share in the complete accrued interest of the Fund, and with the sanction of the Council also the contribution made to his account by the Council;

(b)      if a subscriber is permanently disabled or invalidated he will ordinarily receive his subscriptions, the Council's contributions in his behalf, and his share in the whole of the accrued interest at whatever stage of his service, he is disabled or invalidated;

(c)      if a subscriber is dismissed or removed from service on grounds of gross misconduct or fraud, he shall not be entitled to any contribution by the Council. Such a subscriber will receive his own subscriptions and his share in the complete accrued interest of the Fund, provided that, if the order of dismissal is subsequently cancelled, the amount of the Council's contribution to his account shall, on his reinstatement in the service, be replaced at his credit in the Fund.

11.     Payment.--

When the amount standing to the credit of a subscriber in the Fund or the balances thereof after any deduction under rule 10 becomes payable, it shall be the duty of the Registrar to make payment as provided in section 4 of the Provident Fund Act, 1925.

12.     Advances.--

(1)     The President, in the case of the Registrar, and the Registrar, in the case of other staff, may, at their discretion, grant advances to subscribers out of the fund towards any of the following purposes:--

(a)      to pay expenses incurred in connection with the illness of a subscriber or a member of his family;

(b)      to pay expenses in connection with marriages, or other ceremonies which by the religion of the subscriber it is incumbent upon him to perform and in connection with which it is obligatory that expenditure should be incurred.

(3)     The advance shall not ordinarily exceed three months' pay and shall in no case exceed the amount of the subscriber's subscriptions including accrued interest.

(4)     When an advance has already, been granted to a subscriber, no subsequent advance shall be granted to him, except for very special reasons to be recorded in writing, until at least three calendar- months have elapsed since the complete repayment of the advance taken.

(5)     The amount of any advance to a subscriber under this rule shall be debited to a separate account of such subscriber as against his own contributions to the Fund and will operate to reduce pro tant the amount standing to his credit in the Fund, from time to time, until the advanced shall be- recovered, the recoveries being credited to the said account as and when made.

(6)     An advance shall be recovered from the monthly pay of the subscriber in such number of equal monthly instalments, not being more than 36 in any case, as the sanctioning authority at the time of sanctioning the advance may direct. The recovery shall commence on the first occasion after the advance is made, when the subscriber draws pay or leave salary on full pay for a whole month and shall be in addition to the usual subscription.

Note.--A subscriber may, however, at his option make repayment in less than the number of instalments fixed as hereinabove provided. No instalments will be recovered from the salary of any subscriber who is on leave unless such leave is leave on full pay. When two or more advances are made, each advance should be treated separately and the monthly deduction of not less than 1/36th of each advance shall be made until the advance is cleared.

(7)     The instalments will be paid by compulsory deductions from substantive pay and will be in addition to the usual subscriptions.

(8)     When an advance is repayable in twelve instalments, an additional instalment representing interest and equivalent to 31/2 per cent. of the amount of the advance shall be paid in the month following that in which the last instalment is paid. Similarly two additional instalments representing interest, each equivalent to 31/2 per cent. of the total amount of the advance, shall be paid when the advance is repayable in more than 12 instalments.

(9)     In calculating interest, as above, a fraction of a rupee shall be taken as the next higher whole rupee if it exceeds fifty paise, and shall be ignored if it does not.

13.     Withdrawal from the Fund.?

(1)     Subject to the provisions of this rule, the Council may, at any time after completion of twenty years of service (including broken periods of service, if any) of a subscriber, or within ten years Before the date of his retirement or on superannuation, whichever is earlier, sanction withdrawal from the amount standing to his credit in the fund for one or more of the following purposes namely :--

(a)      meeting the cost of higher education, including where necessary the travelling expenses of any child of the subscriber in the following cases, namely :--

(i)       for education outside India for any academic, technical, professional or vocational course beyond the. High School stage and;

(ii)      for medical, engineering or other technical or specialised course in India beyond the High School stage, provided that the course of study is for not less than three years;

(b)      meeting expenditure in connection with the marriage of a son or a daughter of the subscriber, or that of any other female relation actually dependent on him;

(c)      meeting expenses in connection with an illness, including where necessary, the travelling expenses of the subscriber or any person actually dependent on him;

(d)      (i) building, or (ii) purchasing a suitable house for his residence including the cost of the site, or (iii) repaying any outstanding amount on account of the loan expressly taken for this purpose or (iv) reconstructing or making additions or alternations to a house already owned of acquired by a subscriber;

(e)      purchasing a house site or repaying any outstanding amount on account of loan expressly taken for this purpose;

(f)       for constructing a house on a site purchased by utilising the sum withdrawn under clause (e);

(g)      for constructing or purchasing a flat on ownership basis in a building owned either by a Co-operative Society or Housing Board;

(h)     for purchasing a flat on hire-purchase basis in a building constructed either by a Co-operative Society or Housing Board;

(i)       for repaying any loan taken under the Low-Income Group Housing Scheme sponsored by the Government of India.

Note :--A subscriber who has availed himself of an advance under the Low-Income Group Housing Scheme shall be eligible, for the grant of final withdrawal under clauses (d), (e), (f), (g) and (h) above for the purpose specified therein subject to the limit specified in the proviso to sub-rule (1) of rule 13-A.

(2)     The withdrawal shall be permissible :--

(a)      in cases falling under clause (a) of sub-rule (1) in suitable instalments to be specified by the subscriber, each one to be sanctioned separately after verifying that the earlier one was fully utilised for the purpose for which it was sanctioned.

Note :--A refundable advance drawn for the same purpose shall be deemed as a final withdrawal for the purpose of this clause.

(b)      in cases falling under clause (b) of sub-rule (i) not earlier than three months from the month in which the marriage actually is to take place;

(c)      in cases falling under clauses. (d), (f); (g), (h) of sub-rule (i) in not less than two and not more than four equal instalments, each one to be sanctioned separately after verifying the progress of construction work;

Provided that, for purchasing a house including the cost of site or for purchasing on ownership basis, any flat which is ready for occupation at the time of withdrawal or for repaying any outstanding amount on account of the loan, expressly taken for any of the said purpose, the amount of withdrawal. shall be paid in one instalment at the request of the Subscriber;

(d)      in cases falling under clause (c) of sub-rule (1) once in a year.

(3)     (a) The construction of a house shall be commenced within six months of withdrawal of the amount and shall be completed within a period of one year from the date of commencement of construction. In the case of withdrawal for purchase of a ready-built house an undisputed title to the house and the land shall be secured within three months of the withdrawal;

(b) The purchase of a house-site under clause (f) of sub-rule (1) shall be made within a period of one month of the withdrawal, of the withdrawal of the first instalment, as the case may be;

(c) The house or flat proposed to be purchased or constructed from the amount withdrawn as; aforesaid shall be substituted at the place of duty of the subscriber or at his intended place of residence after retirement;

(d) Withdrawals shall be permissible for building acquisition or redemption of one house only, and in those cases only where the subscriber does not already own a house at the place referred to in clause (c) of this sub-rule.

13-A. Conditions for withdrawal.--

(1)     Any sum withdrawn by a subscriber at any time for one or more of the purposes specified in rule 13 from the amount standing to his credit in the Fund shall not ordinarily exceed one half of such amount or six months pay, whichever is less. The sanctioning authority may, however, sanction the withdrawal of an amount in excess of this limit up to three-fourths of the balance at his credit in the Fund having due regard to (i) the object for which the withdrawal is being made, (ii) the status of the subscriber and (iii) the amount to his credit in the Fund :

Provided that in the case of a subscriber who has availed himself of an advance under the Low Income Group Housing Scheme the Sum with-drawn under this sub-rule together with the amount of advance taken under the aforesaid scheme or rules shall not exceed, rupees one lakh or five years pay, whichever is less.

(2)     A subscriber who has been permitted to withdraw money in full or in part from the Fund under rule 13 shall satisfy the sanctioning authority within a period specified in this behalf that the money has been utilised for the purpose for which it was withdrawn, and if he fails to do so, the whole of the sum so withdrawn or so much thereof as has not been applied for the purpose for which it was withdrawn, shall forthwith be repaid in one emoluments either in a lump sum or" in such number of monthly instalments, as may be determined by the sanctioning authority.

(3)     Nothing in sub-rule (2); shall be deemed to require a subscriber whose deposit in the Fund carry no interest to pay any interest on any sum payable by him under that sub-rule.

13-B. Conversion of an advance into a final withdrawal.--

(1)     A subscriber who has already drawn or may draw in future an advance under rule 12 for any of the purpose specified in clauses (b) and (c) sub-rule (1) of rule 13 may convert, by written request addressed to the Council the balance outstanding against it into a final withdrawal on his satisfying the conditions laid down in rule 13 and 13-A, lump sum together with interest thereon at the rate determined under rule 8 by the subscriber, and in default of such payment it shall be ordered by the sanctioning authority to be recovered from his emoluments either in a lump sum or in such number of monthly instalments as may be "determined by the sanctioning authority.

(2)     A subscriber who has been permitted under clause (d), (e), (f), (g), (h) or (i) of sub-rule 1 of rule 13 to withdraw money from the amount standing to his credit in the Fund shall not part with the possession of the house so built or acquired or house-site so purchased, by way of sale mortagage, gift, exchange or lease for a term exceeding three years or otherwise howsoever without the previous permission of the sanctioning authority. He shall submit a declaration not later than the 31st December of every year, in the Form "C" set forth in the appendix "C" to the effect that the house, flat or, as the case may be, the house site continues to be in his possession and shall, if so required, produce before the sanctioning authority on or before the date specified by that authority in that behalf, the original sale-deed and other documents on which his title to property is based.

(3)     If at any time before retirement, he parts with the possession of the house or house-site without obtaining the previous permission of the sanctioning authority, the sum withdrawn by him shall forthwith be repaid in one lump sum together with interest thereon at the rate determined under rule 8 by the subscriber to the Fund; and in default of such repayments, it shall be ordered by the sanctioning authority to be recovered from him.

Nomination.--

(1)     The Registrar shall, as soon as may be, require every subscriber to the Fund to make a nomination conferring the right to receive the amount that may stand to his credit in the fund in the event of his death before quitting service or retirement from the service of the Council.

(2)     Each subscriber who at the time of joining the Fund, has a family shall fill in and sign the nomination in Form "A" appended to these rules.

(3)     A subscriber who, at the time of joining the Fund, has no family, shall fill in and sign the nomination in Form "B" appended to these rules :

Provided that, a nomination made in Form "B" shall be deemed to have been made in accordance with these rules only for so long as the subscriber has no family.

(4)     The subscriber at any time acquires a family, he shall fill in and sign the nomination in Form "A", and forward the same to the Registrar as provided hereinabove, and if he has under this rule nominated any person other than a member of his family, he shall cancel the previous nomination.

(5)     A subscriber may in his nomination distribute the amount that may stand to his credit in the Fund amongst his nominees at his own discretion.

(6)     A nomination may be cancelled by a subscriber and replaced by any nomination which is permitted to be made under this rule.

Interpretation.--

The power of interpreting these rules and of deciding cases of dispute or doubt is vested in Government whose decision on all matters appertaining to and arising out of these rules or the disputes thereunder shall be final.

APPENDIX "A"

Form 'A' OF Nomination when the Subscriber has a Family.

I hereby declare that in the event of my death the amount at my credit in the Provident Fund established under the Maharashtra Nursing Council Rules, 1971, shall be distributed among the members of my family mentioned in column 1 in the manner shown against their names. The amount due to a nominee who is a minor at the time of my death shall be paid to the person whose name appears in column 5.

Name and address of the nominee or nominees.

Relationship with the Subscriber.

Age of the. Nominee.

Amount or share of accumulations.

Name and address of the person to whom payment is to - be made on behalf of the minor.

1

2

3

4

5

 Dated the day of 19 at Witnesses--

1. ...........................................................................

2. ...........................................................................

..........................

Signature of Subscriber.

APPENDIX-"B"

Form 'B' of Nomination when THE Subscriber has no Family

I hereby declare that I have no family, and that in the event of my death the amount at my credit in the Provident Fund established under the Maharashtra Nursing Council Rules, 1971 shall, in the event of my having no family at the time of death, be distributed among the persons in column I in the manner shown against their names. The amount due to a nominee who is minor at the time of my death shall be paid to the person whose name appears in column 5.

Name and address of the nominee or nominees

Relation, if any, with the Subscriber

Age of Nominee

Amount or share of accumulations

Name and address of the person to whom the payment is to be made on behalf of the minor

1

2

3

4

5

Dated the day of 19 At Witnesses--

1. ...........................................................................

2. ...........................................................................

..........................

Signature of Subscriber.

By order and in the name of the Governor of Maharashtra,

H. NANJUNDIAH,

Secretary to Government.

APPENDIX "C"

[See rule 13-A (3)]

Form "C" of Annual Declaration

I hereby declare- that the house/flat constructed/purchased or the house site purchased by me with the amount withdrawn by me from the amount standing to my credit in the Provident Fund of the Maharashtra Nursing Council has not been transferred by me by way of sale, mortgage, exchange or gift or on lease for a term exceeding three years or otherwise howsoever without previous permission of the sanctioning authority in writing and that if called upon to do so, I undertake to produce before the sanctioning authority the tax receipts, title deeds and such other documents as may be specified by the said authority, showing that the house/flat/house-site remains in my sole and absolute ownership.

Dated this................day of..................... 19

Witness (with address)

Witnesses--

1. ...........................................................................

2. ...........................................................................

Signature ......................

Designation ...................