National Nursing And Midwifery Commission Rules, 2024
[13th
March 2024]
Whereas, the National Nursing and Midwifery
Commission (Manner of Appointment and Nomination of Members, Secretary and
Members of Autonomous Boards, their Salary, Allowances and Terms and Conditions
of Service, and Declaration of Assets, Professional and Commercial Engagements)
Rules, 2023 was published in the Gazette of India, Extraordinary, Part II,
section 3, sub-section (i), dated the 17th November, 2023 vide notification
number G.S.R.847 (E), dated the 17th November, 2023 in exercise of the powers
conferred by sub-section (1) of section 51 of the National Nursing and
Midwifery Commission Act, 2023 (26 of 2023), inviting objections and
suggestions from all the persons likely to be affected thereby, within thirty
days from the date on which the copies of the Official Gazette containing the
said notification were made available to the public;
And whereas, copies of the said Official
Gazette were made available to the public on 17th November, 2023;
And whereas, the objections and suggestions
received from the public on the said draft rules within the period specified in
the said notification have been considered by the Central Government;
Now, therefore in exercise of the powers
conferred by clauses (a), (b), (c ), (d), (e), (f), (g),(h), (i), (j), (k), (o)
and (p) of sub-section (2) of section 51 of the National Nursing and Midwifery
Commission Act, 2023 ( 26 of 2023), the Central Government hereby makes the
following rules, namely: -
Rule 1. Short title and commencement :-
(1)
These rules may be called the National Nursing and
Midwifery Commission Rules, 2024.
(2) They
shall come into force from the date of their publication in the Official
Gazette.
Rule 2. Definitions :-
(1)
In these rules, unless the context otherwise
requires,-
(a)
"Act" means the National Nursing and
Midwifery Commission Act, 2023 (26 of 2023);
(b)
"Board" means an Autonomous Board
constituted under section 11;
(c)
"Commission" means the National Nursing
and Midwifery Commission constituted under section 3;
(d)
"Secretary" means Secretary of the
Commission appointed under sub-section (1) of section 8;
(e)
"Section" means section of the Act;
(f)
"State Commission" means the State Nursing
and Midwifery Commission constituted under section 23;
(g)
"State" shall include a Union territory
Administration;
(h)
"zone" means any of the six zones
specified in rule 4;
(i)
"whole-time Members of Commission" means
the Members nominated or appointed under clauses (i), (j), (k) and (l) of
section 4.
(2) Words
and expressions used herein but not defined and defined in the Act, shall have
the meaning assigned to them in the Act.
Rule 3. Qualifications and experience for nursing and midwifery leader :-
The nursing and midwifery leader, defined
under clause (q) of section 2, shall possess the following qualifications and
experience, namely:-
(a)
a post graduate degree in any discipline of nursing
and midwifery education from a recognised University;
(b)
be registered with the National Register or State
Register; and
(c) having
experience of not less than fifteen years and holding administrative position
for four years in the field of nursing and midwifery from a recognised
institution or University or healthcare facility.
Rule 4. Zonal distribution of States and Union territories :-
The following shall be the zonal distribution
of the States and Union territories under clauses (h) and (i) of section 4,
namely:-
(a)
the Northern Zone, consisting of the following four
States and four Union territories, namely, Haryana, Himachal Pradesh, Punjab,
Rajasthan, National Capital territory of Delhi, Chandigarh, Jammu and Kashmir
and Ladakh;
(b)
the Central Zone, consisting of the following four
States namely, Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh;
(c)
the Eastern Zone, consisting of the following four
States, namely, Bihar, Jharkhand, Odisha and West Bengal;
(d)
the North-Eastern Zone, consisting of the following
eight States, namely, Assam, Arunachal Pradesh, Manipur, Nagaland, Mizoram,
Tripura, Meghalaya and Sikkim;
(e)
the Western Zone, consisting of the following three
States and one Union territory, namely, Goa, Gujarat, , Maharashtra, Dadra and
Nagar Haveli and Daman and Diu;
(f) the
Southern Zone, consisting of the following five States and three Union
territories, namely, Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana,
Puducherry, Andaman and Nicobar Islands and Lakshadweep.
Rule 5. Manner of nomination of Members under clause (g) of section 4 :-
(1)
The Central Government shall nominate three Members,
not below the rank of Chief Nursing Officer or Nursing Superintendent of any of
the hospitals or Dean or Principal of College of Nursing, as the case may be,
from Central Government hospitals or Nursing and Midwifery Institutions of
repute, for a term of two years.
(2) In the
event of occurrence of vacancy, including by reason of death, resignation or
removal, as the case may be, of a Member under this rule, the Central
Government shall nominate another person as Member at the earliest and within
three months from the date of occurrence of such vacancy and the person so
nominated shall remain a member for a full term of two years.
Rule 6. Manner of nomination of Members under clause (h) of section 4 :-
(1)
The Central Government shall nominate six
Chairpersons of the State Commissions, one from each of the six zones, on
rotational basis after every two years, by draw of lots on such date as may be
decided by the Central Government.
(2)
There shall be six draw boxes representing six zones
out of which a single slip shall be picked from each of the six draw boxes.
(3)
The draw of lots at every subsequent two-year
interval, shall be restricted to those States or Union territories not
represented as Members in the immediately preceding term.
(4)
The draw of lots shall be conducted with paper slips
of uniform size, colour and design bearing individual names of each State and
Union territories, which shall be folded in such manner so as to preserve the
confidentiality.
(5)
The draw of lots shall be conducted in the presence
of the Union Health Secretary.
(6)
In case of vacancy in the office of a Chairperson of
the State Commission, the State Government shall nominate any other Member from
the State Commission as a member under this rule until a person is nominated to
the post of Chairperson of the State Commission and the person so nominated as
Chairperson of the State Commission shall become the member of the Commission
only for the remaining term of two years.
(7) The
draw of lots for members under this rule shall be held first, followed by the
draw of lots under rule 7.
Rule 7. Manner of nomination of Members under clause (i) of section 4 :-
(1)
Six Members shall be nominated to the Commission
under clause (i) of section 4, from each of the six zones, from amongst nursing
members of eminence, from nursing and midwifery profession of outstanding
ability, proven administrative capacity and integrity, possessing a
postgraduate degree in any discipline of nursing and midwifery from any
University and having experience of not less than fifteen years in the field of
nursing and midwifery, out of which at least seven years shall be as a nursing
and midwifery leader.
(2)
A single nomination shall be made, from each of the
six zones, on rotation basis after every two years, by draw of lots, on such
date as may be decided by the Central Government.
(3)
There shall be six draw boxes representing six zones
out of which a single slip shall be picked from each of the six draw boxes.
(4)
The first draw of lots for nomination of Members
under this rule shall be restricted to those States and Union territories not
represented under rule 6 and the draw of lots at every subsequent two year
interval, shall be restricted to those States or Union territories not
represented as Members in the immediately preceding term.
(5)
The draw of lots shall be conducted with paper slips
of uniform size, colour and design bearing individual names of each State and
Union territories, which shall be folded in such manner so as to preserve the
confidentiality.
(6)
The draw of lots shall be conducted in the presence
of the Union Health Secretary.
(7)
In the event of occurrence of vacancy of a Member,
including by reason of death, resignation or removal, the State Government
shall nominate another person in his place at the earliest and within three
months and the person so nominated shall remain a Member in the Commission only
for the remaining term of two years.
(8)
The State Government shall, before recommending any
person for appointment as a Member under this rule, satisfy itself that such
person does not have any financial or other interest which is likely to affect
prejudicially his functions as a Member of the Commission.
(9) The
Central Government shall, within three months before the end of tenure of the
Member, write to the States and Union territories, to initiate the process of
filling up of the vacancy.
Rule 8. Manner of appointment of Members under clauses (j), (k) and (l) of section 4 :-
(1)
The Central Government shall, on the recommendations
of the Search-cum-Selection Committee, appoint,-
(a)
four Members under clause (j) of section 4, from
amongst nursing and midwifery members of eminence, of which at least two shall
be midwifery professionals, of outstanding ability, proven administrative
capacity and integrity, possessing a postgraduate degree in any discipline of
nursing and midwifery from any University and having experience of not less
than fifteen years in the field of nursing and midwifery, out of which at least
seven years shall be as a nursing and midwifery leader;
(b)
one Member under clause (k) of section 4, from
amongst the charitable institutions which have been in operation for not less
than fifteen years providing healthcare service and education, possessing the
following qualifications and experience, namely:-
(i)
possessing a post graduate degree in any discipline
of nursing and midwifery from any University;
(ii)
having not less than fifteen years experience in the
field of nursing and midwifery, out of which at least four years shall be as a
nursing and midwifery leader;
(c)
one Member under clause (l) of section 4, who shall
be a person of eminence, from amongst persons of ability, integrity and
standing, who have special knowledge and professional experience in such areas
including in management, law, medical ethics, health research, consumer or patient
rights advocacy, science and technology and economics.
(2)
The Members appointed under sub-rule (1) shall hold
office for a term of four years.
(3) In the
event of occurrence of vacancy of a Member under this rule, including by reason
of death, resignation or removal, as the case may be, the Central Government
shall appoint another person as Member at the earliest and within three months
from the date of occurrence of such vacancy and the person so appointed shall
remain a member for a full term of four years.
Rule 9. Manner of nomination of Members of Search-cum-Selection Committee under clauses (b) and (c) of subsection (1) of section 5 :-
(1)
The Central Government shall appoint four experts
under clause (b) and one expert under clause (c), of sub-section (1) of section
5 , as Members of the Search-cum-Selection Committee, for a term of two years.
(2) In the
event of occurrence of vacancy, including by reason of death, resignation or
removal, as the case may be, of a Member under this rule, the Central
Government shall nominate another person as member to the Search-cumSelection
Committee at the earliest and within three months from the date of occurrence
of such vacancy and the person so nominated shall remain a Member in the
Search-cum-Selection Committee only for the remaining term of office of two
years.
Rule 10. Salaries and allowances payable to Chairperson and whole-time Members of Commission :-
(1)
The salary payable to the Chairperson shall be
equivalent the salary admissible to an Additional Secretary to the Government
of India.
(2)
The salary payable to the whole-time Members of the
Commission shall be equivalent to the salary admissible to an officer of the
level of Joint Secretary to the Government of India.
(3)
Where the Chairperson or a whole-time Member of the
Commission is a retired person from the Government, semi-Government agency,
public sector undertaking or recognised research institution, the salary
payable together with the pension or pensionery value of the terminal benefits,
or both, received by such Chairperson or whole-time Member shall not exceed the
last pay drawn.
(4)
Where the Chairperson or a whole-time Member of the
Commission is in the service of the Central Government or a State Government or
a Union territory Administration, his salary and allowances shall be regulated
in accordance with the rules applicable to such Chairperson or whole-time
Member in his parent cadre or department, or as per this rule, whichever is
higher, and his appointment in the Commission shall be treated as being on
deputation.
(5) The
Chairperson and whole-time Members of the Commission shall also be entitled to
dearness allowance, travelling allowances and daily allowances appropriate to
their pay at the rates admissible to officers of equivalent level in the
Central Government.
Rule 11. Secretary of Commission :-
(1)
The Central Government shall appoint a Secretary to
the Commission who shall be a person of outstanding ability, proven
administrative capacity and integrity and possessing the following
qualifications and experience, namely:-
(i)
a postgraduate degree in any discipline related to
Nursing from any University or Institute; and
(ii)
holding analogous post on regular basis in the
present cadre or department; or
(iii)
with minimum three years regular service in level 13
in the pay matrix or equivalent thereto; or
(iv)
with minimum seven years regular service in level 12
in the pay matrix or equivalent thereto or above; and
(v)
having experience in the Central Government or a
State Government or any statutory body or recognised organisation or
institution of not less than fifteen years in his related service or profession
along with administrative experience of not less than seven years;
(2)
The salary payable to the Secretary shall be
equivalent to the salary of Joint Secretary to the Government of India.
(3)
The Secretary shall be entitled for dearness
allowance, travelling allowances and daily allowances appropriate to his pay at
the rates admissible to Joint Secretary to the Government of India.
(4)
A person who has completed the age of fifty-five
years on the date of application shall not be eligible for the post of
Secretary.
(5) The
Secretary shall hold office for a term of four years or till he attain the age
of sixty years, whichever is earlier.
Rule 12. Manner of appointment of second part-time Member of Board :-
(1)
The Central Government shall appoint a second
part-time Member for each of the Boards under sub-section (6) of section 12 by
draw of lots from amongst the Members nominated under clause (h) of section 4
of the Act who have given their consent to serve as second part-time Member of
Board and the name of any unwilling Member shall not be included in the draw
box.
(2)
Three slips shall be picked from out of the six
slips in the draw box containing the names of the six Members referred to in
sub-rule (1).
(3)
The name appearing in the first slip shall be the
second part-time Member of the Nursing and Midwifery Assessment and Rating
Board, the name appearing in the second slip shall be the second part-time
Member of the Nursing and Midwifery Ethics and Registration Board and the name
appearing in the third slip shall be second parttime Member of the Nursing and
Midwifery Undergraduate and Postgraduate Board.
(4)
The draw of lots shall be conducted in the presence
of the Union Health Secretary.
(5)
The tenure of the Members shall be co-terminus with
their membership of the Commission under clause (h) of section 4.
(6) In the
event of occurrence of vacancy of a Member at any time, the Central Government
shall appoint another part-time Member in the manner provided in this rule.
Rule 13. Salaries and allowances payable to President and whole-time Members of Boards :-
(1) The
salary payable to the President and whole-time Members of Boards shall be
equivalent to the salary admissible to a Joint Secretary to the Government of
India.
Provided that where the President or a
whole-time Member of a Board, is a retired person from the Government,
semi-Government agency, public sector undertaking or recognised research
institution, the salary payable together with the pension or pensionery value
of the terminal benefits, or both, received by such President or whole-time
Member shall not exceed the last pay drawn.
(2)
Where the President or a whole-time Member is in the
service of the Central Government or a State Government or a Union territory
Administration, his salary and allowances shall be regulated in accordance with
the rules applicable to such President or a whole-time Member in his parent
cadre or department, or as per sub-rule (1), whichever is higher, and his
appointment in the Commission shall be treated as being on deputation.
(3) The
President and whole-time Member of a Board shall be entitled for dearness
allowance, travelling allowances and daily allowances appropriate to their pay
at the rates admissible to officers of equivalent level in the Central
Government.
Rule 14. Sitting fee :-
The ex-officio and part-time Members of the
Commission and part-time Members of each Board, shall be entitled to a sitting
fee of five thousand rupees for each day of sitting of the Commission or the
Board as the case may be.
Rule 15. Leave :-
The Chairperson, whole-time Members, Secretary
and the President and whole-time Members of Board shall be entitled to-
(a)
earned leave, half pay leave and commuted leave as
admissible to Central Government servants in accordance with the Central Civil
Services (Leave) Rules,1972, as amended from time to time; and
(b) extraordinary
leave as admissible to the temporary Central Government servants under the
Central Civil Services (Leave) Rules, 1972, as amended from time to time.
Rule 16. Leave sanctioning authority :-
(1)
The Central Government shall be the authority competent
to sanction leave to the Chairperson of the Commission.
(1)
The Chairperson of the Commission shall be the
authority competent to sanction leave to,-
(a)
whole-time Members of the Commission and the
Secretary of the Commission; and
(b)
President of a Board.
(2) The
President of a Board shall be the authority to sanction leave to a whole-time
Member of that Board.
Rule 17. Contributory Provident Fund :-
The Chairperson, whole-time Members of
Commission, Secretary and the President and whole-time Members of Board, -
(a)
shall be governed by the provisions of the
Contributory Provident Fund Rules (India), 1962 and there shall be no option to
subscribe under the General Provident Fund (Central Services) Rules, 1960;
(b) shall
not be entitled to additional pension and gratuity for the service rendered by
them in the Board
Rule 18. Travelling allowances to other Members :-
Every other Member of the Commission other
than the Members referred to in rule 10 and rule 13, including part-time
Members of Boards, shall be entitled to draw travelling allowances and daily
allowances at the rates admissible to an officer of the level of Joint
secretary to the Government of India.
Rule 19. Application of Central Civil Services Rules :-
The Chairperson, whole-time Members of the
Commission, Secretary and President and whole-time Members of Boards shall be
governed by the provisions of the Central Civil Service (Conduct) Rules during
their tenure.
Rule 20. Declaration of assets, professional and commercial engagement or involvement :-
The Chairperson, wholetime Members of the
Commission, Secretary and President and Members of Boards shall-
(a)
file a return of their assets and liabilities in
Form A annexed to these rules.
(b) declare
their professional and commercial engagement or involvement at the time of
appointment as such Chairperson or Secretary or Member, and at the time of
demitting office, in Form B annexed to these rules.
Rule 21. The other powers and functions of Commission :-
In addition to the powers and functions of the
Commission specified in section 10 of the Act, the Commission shall-
(a)
undertake study to reduce the cost of nursing
education in the country;
(b)
suggest, among others, adoption of modern
technology, intensive use of infrastructure, faculty sharing, and global best
practices with a view to reduce the cost of education and make it more
accessible;
(c) decide
the manner of hearing appeals against the decisions of Boards:
Provided that where an appeal is filed against
the decision of a Board, the President of such Board shall not participate in
the appeal proceedings;
(d)
while making regulations, consult all State
Governments, Union territory Administrations and other stakeholders, such as,
association of dental professionals, association of resident dentists and patient
rights bodies;
(e) give
wide publicity to the draft regulations by placing it on the website of the
Commission for a period of thirty days and considering the objections or
suggestions as may be received from the general public:
Provided that the final draft of the
regulations shall be finalised in consultation with the Legislative Department
through the Ministry of Health and Family Welfare;
(f)
endorse a copy of each major decision taken by the
Commission to the Ministry of Health and Family Welfare through its Secretary
and publish it on the website of the Commission;
(g) furnish
such information or report to the Central Government as may be required by the
Central Government from time to time.
Rule 22. Compensation payable to erstwhile employees of Indian Nursing Council :-
(1)
The Commission shall decide on the premature
termination and compensation payable to the regular employees of the erstwhile
Indian Nursing Council within a period of one year as provided in sub-section
(5) of Section 56.
(2)
An employee of the erstwhile Indian Nursing Council,
unless continued with the Commission on contract basis, shall be paid an
advance amount equivalent to three months salary at the time of termination of
his service which shall be deducted from the total compensation package.
(3)
An employee of the erstwhile Indian Nursing Council
who is not continued with the Commission, shall be paid compensation package
including pensionary benefits applicable to such employee as per the terms and
conditions of his service at the time of his appointment in the erstwhile
Indian Nursing Council.
Form A
[See rule
20(a)]
DECLARATION
OF ASSETS AND LIABILITIES
Details
of immovable property
|
Name (in block lett
ers)
|
Name of District, Sub
Division, Taluk & Village or City in which property is situated (full
loca tion & postal add ress)
|
Name and Det ails
of Property, Hous ing, Lands and Other Buil dings
|
Cost of
construction/Ac quire ment (and year when purch ased) inclu ding of land in case
of house
|
Present Value *
|
How acq uired,
whether by purch ase, lease **, mortg age, inheri tance, gift or other wise
with date of acqui sition & name with deta ils of pers on(s) from whom
acquired
|
Ann ual Inco me
from Prop erty
|
Remarks
|
|
Self
|
|
|
|
|
|
|
|
|
Spouse
|
|
|
|
|
|
|
|
|
Dependent
|
|
|
|
|
|
|
|
DECLARATION
I, ...........................hereby declare that the information given above
is true and correct to the best of my knowledge and belief.
In the event of any change in the information given above, I undertake to
intimate the same.
Yours faithfully,
Signature/thumb impression
Date:
Form B
[See rule
20 (b) ]
Statement
of professional and commercial engagements or involvement on first appointment
and at the time of demitting office
|
Sl.No
|
Relation
|
Name
|
Professional
position held in last three years from the date of declarations, if any
|
Commercial
engagements /involvement held in last three years from the date of
declarations, if any
|
|
1
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Self
|
|
|
|
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2
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Spouse
|
|
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|
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3
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Dependent-1
|
|
|
|
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4
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Dependent-2
|
|
|
|
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5.*
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Dependent-3
|
|
|
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Date...........................
Signature...........................