Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS RULES, 1970 CONTENTS 1. Short title and extent 2. Definitions 3. Notice of election or nomination of members referred to in sub- clause (v) and (vi) of clause (b) and clause (c) of sub-section (2) of section 3 4 . T h e manner in which elections of members by other constituencies shall be held 5. Casual vacancies 6. President and Vice-President 7. Classification and Division of Register into Parts and Sections 8. Admission to the Register 9. Change of Name and address 10. Inspection 11. Removal of name from the Register 12. Certificate of Registration and of passing of examination for Advanced Courses 13. Lost certificates, diplomas or badges 14. Certificate as to entry in Register 15. Inspection 16. Withdrawal of approval of, or refusal to approve or recognize institution 17. Qualifications for being admitted as a student 18. Curriculum of the Courses for nurses, auxiliary nurse midwives and health visitors 19. Advanced and other Courses 20. Prescribed Examinations 21. Grant of eligibility certificate to certain persons 2 2 . F e e for entering names of persons practising as nurses, midwives and health visitors in the list 23. Supervision of practice of registered persons and persons on the list 24. Nurses Establishment 25. Fees 26. Repeal and saving SCHEDULE 1 :- SCHEDULE SCHEDULE 2 :- E ach part of the Register including sections thereof shall show in respect of each registered person the following particulars SCHEDULE 3 :- SCHEDULE SCHEDULE 4 :- SCHEDULE SCHEDULE 5 :- The manner in which and the conditions subject to which examinations shall be held SCHEDULE 6 :- THE GUJARAT NURSING COUNCIL SCHEDULE 7 :- THE GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS ACT, 1968 SCHEDULE 8 :- F o r m of Application to carry on Nurses Establishment GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS RULES, 1970 GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS RULES, 1970 1. Short title and extent :- (1) These rules may be called the Gujarat Nurses, Midwives and Health Visitors Rules, 1970. (2) They extend to the whole of the state of Gujarat. 2. Definitions :- In these rules, unless the context otherwise requires, (a) "Act" means the Gujarat Nurses, Midwives and Health Visitors Act, 1968. (b) "Form" means a form appended to these rules; (c) "President" and "Vice-President" means respectively the President and Vice-President of the Council; (d) "Qualifying examination" means (1) an examination held by the Council, or (2) an examination conducted by a University established by law in the State of Gujarat or by an authority approved and recognised by the Council which, in the opinion of the Council is held in conformity with the rules prescribed for the corresponding examination held by the Council; (e) "Registrar" means the Registrar appointed by the Council under the bye-laws: (f) "Schedule" means a Schedule appended to these rules; (g) "Section" means a section of the Act; (h) Words and expressions used in the Act but not defined in these rules shall have the meanings assigned to then in the Act. Appoint to council. 3. Notice of election or nomination of members referred to in sub- clause (v) and (vi) of clause (b) and clause (c) of sub-section (2) of section 3 :- At least three months before the date of expiry of the terms of office of members under sub-section (1) of section 5 hereinafter called the date of expiry the Registrar shall give notice in writing (a) to the Gujarat Medical Council to elect one person under sub- clause (v) of clause (b) of sub-section (2) of section 3 by a date not less than one month before the date of expiry; (b) to the Gujarat Territorial Branch of the Indian Medical Association to elect one person under sub-clause (vi) of clause (b) of sub-section (2) of section 3, by a date not less than one month before the date of expiry; and (c) to the State Government requesting nomination of three persons under clause (c) of sub-section (2) of section 3 by a date not less than one month before the date of expiry. 4. The manner in which elections of members by other constituencies shall be held :- (1) In the case of elections by the constituency referred to in sub- clause (i) of clause (b) or sub-section (2) of section 3, the Registrar shall prepare a roll of those persons whose names are entered in the register maintained under the Act, upon the 31st December of the year preceding the year in which the election is to be held: Provided that the names of persons who are registered in Part I of the Register, shall not be included in this roll. (2) In the case of elections to the Council by the constituencies referred to in sub-clauses (ii), (iii), (iv) and (vii) of clause (b) of sub-section (2) of section 3, the Registrar shall have a roll prepared for each such constituency at least four months before the date of expiry of all those entitled to vote thereat. (3) In the preparation of the roll of (i) heads (ii) Matrons and (iii) sister tutors of affiliated institutions, the names of only such heads, matrons and sister tutors shall be included in the roll as are, on the date of its preparations, heads, matrons and sister tutors of the affiliated institutions and shall include the names of permanent heads, matrons and sister tutors only of such institutions and not more than one name shall appear as than of the head of any affiliated institution. (4) Before preparing the rolls of each of the constituencies referred to sub-clause (ii), (iii) and (iv) or clause (b) of sub-section (2) of section 3, the Registrar may require the secretary or the corresponding authority of the affiliated institution to forward to him within a fort-night from the date of the issue of such requisition the following information: (a) the full name and address of the head of the affiliated institution; (b) the full name and address of the matron of the affiliated institution; (c) the full name and address of the sister tutor or tutors of the affiliated institution. (5) Before preparing the roll of the constituency referred in sub- clause (vii) of clause (b) sub section (2) of section 3, the Registrar may require the Registrar of the Universities established by law in the State of Gujarat which confer a degree in nursing to forward to him the names and addresses of all members of the Faculties of nursing. (6) On receipt of the above information the Registrar shall prepare electoral rolls for the aforesaid constituencies and shall publish them in the office of the Council on the dates specified in that behalf by the Council. The electoral rolls of the matrons shall be prepared separately in respect of affiliated institutions imparting in general nursing and midwifery and in respect of those imparting training for auxiliary nurse-midwife as required by sub clause (iii) of sub-section (2) of section 3. (7) The President shall have the authority to correct the roll by adding, altering or omitting names if it is brought to his notice by proper evidence that such addition 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. If any electoral roll is amended the roll with amendments shall form, the electoral roll for the purpose of the election under the Act. 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. (8) The Registrar, or any other person authorised by the President in this behalf, shall be the Returning Officer for every election held under the Act. (9) The Returning Officer shall notify in the State Official Gazette and on the notice board at the office of the Council the dates for each of the following stages of election, namely : (a) the late date for making nominations, which shall be the date not later than sixty days before the date fixed for the counting of votes; (b) the date for the scrutiny of nominations which shall be the date falling on the third or fourth day form the date of making nominations counting the last date for making the nominations as the first day for the purpose; (c) the last date for the withdrawal of candidatures, which shall be the third or fourth day after the date for the scrutiny of nominations; (d) the last date for the receipt of the voting papers; (e) the date for the counting of votes. (10) Every person whose name is entered in the electoral roll prepared and published under sub-rules (1) and (2) shall, unless disqualified under section 8, be qualified to be elected as a member under clause (b) of sub-section (2) of section 3 from the constituency to which the electoral roll relates. (11) Every candidate to be elected under clause (b) of sub-section (2) of section 3, shall be proposed and seconded by the persons whose names are entered in the electoral roll prepared and published under sub- rules (1) and (2) for the constituency concerned, (12) The nomination paper shall be in Form A in Schedule 1. No elector shall propose or second the nomination of more candidates than are required to fill up the vacancy or vacancies If more nominations than are required to fill up a seat or seats be subscribed by the same elector, all nominations subscribed by him shall be invalid. (13) The candidate shall sign the nomination paper declaring that he is willing to serve on the Council, if elected. In the absence of such declaration the nomination shall be treated as invalid. (14) The candidate shall send to the Returning Officer by post or otherwise the nomination paper duly signed and completed so as to reach the Returning Officer before on or the last date fixed for nomination up to 12 O'clock in the noon. On receipt of the nomination paper, the Returning Officer shall forthwith endorse thereon the date and hour of its receipt. Any nomination paper which is not received by the Returning Officer on or before the aforesaid date and time shall be rejected. (15) (i) Every candidate shall, along with the proposal for nomination deposit with the Returning Officer a sum of rupees one hundred in cash. A nomination paper not accompanied by such deposit shall not be accepted by the Returning Officer. The deposit shall be returned, if (a) the candidate is declared or is deemed to be duly elected, or (b) the nomination of the candidate is declared invalid, or (c) the candidate dies after the scrutiny of nomination papers and before the election is completed, or (d) the candidate fails to be elected but secures valid votes in excess of the numbers specified in clause (ii). (ii) If a candidate is not elected and if the number of valid votes recorded in his favour is less then 1/8th of the total number of votes recorded, or where the total number of members to be elected is two or more, 1/8th 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. (iii) The deposit shall, if it is not forfeited, be returned as soon as possible after the declaration of the result of the election. (16) On the day fixed for the scrutiny of nomination papers the Returning Officer shall scrutinise the nomination papers received by him at a place appointed by him in this behalf at 12 noon. Any candidate may be present either in person or by an accredited representative at the time of such scrutiny. On completion of the scrutiny of nominations and after the expiry of the period within which the candidate may withdraw his candidature under sub-rule (17) the Returning Officer shall forthwith declare the names of the candidates whose nomination papers are held valid by him. (17) Any candidate may withdraw his candidature by sending a notice in writing signed by him to the Returning Officer not later than 12 noon on the day fixed for the withdrawal. (18) If on the scrutiny of the nomination papers received, the Returning Officer finds that the number of valid nominations is equal to the number of members be elected, he shall forthwith declare all such candidates to be elected to fill those seats. (19) If the number of valid nominations is more than the number of the members to be elected, the Returning Officer shall forthwith publish their names and addresses in such manner as the Council may deem fit and shall further cause their names to be entered in the voting papers in Form B in Schedule I. (20) After the candidates have been validly nominated, the Returning Officer shall send by post to each elector (i) a voting paper ; (ii) a small blank cover with the words "Voting paper" printed thereon; and (iii) a bigger cover on which are printed, on the left top corner, the serial alphabetical number, and on the left lower corner, the name and signature columns and in the centre, the address of the Returning Officer printed as under : "To The Returning Officer, C/o The Gujarat Nursing Council, Ahmedabad" (21) An elector, who has not received his voting paper and other connected papers as provided in sub-rule (20) or whose papers, before they are returned back to the Returning Officer have been inadvertently spoil it in such a manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself require the Returning Officer to send him duplicate papers in place of those not received, spoilt or lost, and if the papers have been spoilt, the same shall be returned to the Returning Officer who shall cancel them. In every case, when duplicate papers are issued, a record thereof shall be kept by the Returning Officer and mark "Duplicate" shall be placed on the bigger cover which shall bear the same serial alphabetical number as was originally given on the bigger cover sent to the elector. The voting papers issued in such case shall also be marked "Duplicate". (22) Every elector, desirous of voting, shall send his voting paper to the Returning Officer before the time fixed for the receipt of voting papers. The votes shall be given accordingly to the distributive system of voting as defined in section 11. The Returning Officer shall keep the voting papers collected in sealed boxes: Provided that any voting paper which is not received by the Returning Officer before the time so fixed shall be rejected. (23) The Returning Officer shall nominate as scrutinizers such numbers of members of the office of the Council not exceeding four as he thinks fit. (24) Any candidate may be present either in person or by his accredited representative at the counting of votes. (25) When the counting of votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest, number of votes has been given, to have been elected and shall forthwith inform the successful candidate by letter of his having been elected to the Council. (26) When an equality of votes is found to exist between any two or more candidates, and the addition of a vote will entitle any one or more of the candidates to be declared elected, the determination of the candidate or candidates to whom such additional vote shall be deemed to have been given shall be made by a lot to be drawn by the Returning Officer in such manner as he shall determine- (27) 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 shall cause them to be destroyed. (28) After the declaration of the result of the election and where the President himself is not the Returning Officer, after the receipt by him of the result of such election from the Returning Officer, the President shall forward such result to the State Government for publication in the State Government Gazette. The notification of the election of a member shall be read by the Registrar at the next meeting of the Council and the new member shall then be introduced to the meeting by the senior most member of the Council. (29) If a person is elected to more than one seat in the Council from different constituencies, then, unless within the period of seven days from the date of the declaration of the result or where such declaration has been made on different dates, unless within seven days from the last of those dates, such person resigns all but one of the seats, all the seats shall become vacant. Where a person has resigned one of his seats, the candidate to whom the next largest number of votes has been given shall be declared to have been elected in the seat concerned. (30) The Council may, of its own motion, or on any objection made before it, declare the entire election or, as the case may be, the election of an elected candidate to be void if it is of opinion that the result has been materially affected : (a) by the improper acceptance or rejection of any nomination; or (b) by the improper reception of refusal of a vote at the counting: or (c) by any non-compliance with the provisions of this rule. The decision of the Council shall be final. (31) If any question arises regarding the interpretation of any provision of this rule, which in the opinion of the Council should be referred to the State Government, the Council shall, before taking its own decision, refer such question to the State Government. (32) The provisions of sub-rules (8) to (31) both inclusive shall apply to a be-section under this Act, from the constituency referred in this rule subject to the modification that the electoral roll current at the date of the notification calling upon the constituency to elect a member at a by-election shall be deemed to be the electoral roll for the purpose of the by election. 5. Casual vacancies :- When any vacancy occurs in the office of a member of the Council from any of the constituencies referred to in clause (b) or in clause (c) of sub-section (2) of section 3, it shall be filled up as soon as conveniently may be by the election or nomination of a member, as the case may be. 6. President and Vice-President :- (1) At the first meeting of the Council, the Council shall proceed to elect the President and Vice-President from amongst the members thereof. The members present shall elect from amongst them a Chairman for conducting the proceedings till the election of the 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. In case of tie, the determination of the person to whom an additional vote shall be deemed to have been given for being elected as President, or as the case may be Vice- President shall be made by lot drawn in such manner as the Chairman of the meeting may decide. (2) When any 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. 7. Classification and Division of Register into Parts and Sections :- (1) The Register shall consist of the following parts: (A) A general part containing the names of all female nurses trained in nursing and care of sick men, women and children. (B) A supplementary part containing the names of male nurses. (C) A supplementary part containing the names of nurses trained only in nursing and care of sick women and children. (D) A general part containing the names of persons trained as midwives who are not registered nurses. (E) A general part containing the names of midwives trained as Health Visitors. (F) A general part containing the names of all persons trained as Auxiliary Nurses and Midwives. (G) A general part containing the names of persons trained as Assistant Midwives. (H) A supplementary part containing the names of Registered Nurses trained as Midwives, (I) A supplementary part containing the names of persons who have been granted temporary registration as nurses, midwives or health visitors by the President of the Indian Nursing Council under section 112 (z) (b) of the Indian Nursing Council Act, 1947. 1 (J) A Supplementary part containing the names of persons who have been granted Diploma of Nursing in Ayurved by the Gujarat State Ayurvedic Nursing Faculty. (2) Each part of the Register except Part I shall be divided into two sections (a) Section I shall contain the names of persons who have passed the prescribed examination held by the Council or the Bombay Nursing Council or of an authority approved and recognised by the Council. (b) Section II shall contain the names of persons who passes recognised qualification as laid down in the Schedule to the Indian Nursing Council Act, 1947. Each part of Register shall contain the relevant particulars set forth in Schedule II. (3) Each person registered shall be assigned a consecutive number in the part of the Register in which the name of such person is entered and if the name of such person is also entered in two or more parts cross references to the number in other part or parts shall be made. 1. Inserted by G.G. Gaz,, Pt. IV-B, Ext., d. 3-2-1982. 8. Admission to the Register :- Every person who makes an application to the Registrar in the form in Schedule III for admission to part of the Register mentioned in the application and who complies with the conditions for admission and pay the fees as laid down in the by-laws be admitted to such part of the register. 9. Change of Name and address :- Every registered person shall immediately give notice to the Registrar of any change of name or permanent address and the Registrar shall amend the Register accordingly. Along with the notice of change of name shall be forwarded as documentary evidence in support of the change together with a fee of Rs.2/- for recording the change of name in the Register. 10. Inspection :- The Register shall be open for inspection of any person during office hours, at the Office of the Council, on payment of a fee of Re. 1. 11. Removal of name from the Register :- (1) The Council may direct that the name of any registered person who has been convicted of a congnizable offence as defined in the Code of Criminal Procedure, 1898, which discloses such defects of moral character, as is, in the opinion of the Council sufficient to make him unfit to practise his profession or who after due enquiry has been found guilty of mis-conduct, which is in the opinion of the Council infamous in any professional respect, shall be removed from the Register. (2) Before an order of removal of the name from the Register is passed in pursuance of the provisions of sub-rule (1), The Council shall make or cause an enquiry to be made and shall call upon the registered person for explanation or defence and if the Council considers that a warning or censure would meet the ends of justice the Council may warn or censure him. If, however, the Council is of opinion that the name of such person should be removed from the register it may pass such an order. (3) An enquiry under sub-rule (2) shall be instituted by the issue of a notice in writing on behalf of the Council by the Registrar addressed to the registered person. Such notice shall specify the nature and particulars of the charge and inform him of the day on which the Council intends to deal with the case and shall call upon the registered person to answer the charges in writing and to attend to before the Council on such day. The notice shall be sent at least three weeks before the date of an enquiry. (4) Any notice or order under the aforesaid provision shall be sent by registered post to the registered person at his permanent address appearing in the Register. (5) On the expiry of the period within which an appeal to be made against the order of removal or if the order is confirmed in appeal the registered person shall surrender his certificate to the Registrar. (6) The Council may, on sufficient cause being shown, direct that the name of the person so removed shall be re-entered in the Register. The fee for re-entering the name in the register shall be Rs. 10/-. (7) The provisions of the rule shall mutatis mutandis apply to the removal of a name from the list. 12. Certificate of Registration and of passing of examination for Advanced Courses :- (a) Every person admitted to the Register shall be granted a certificate of registration in Form A in Schedule IV Such certificate shall be sealed with the common seal of the Council and no document purporting to be a certificate of admission to the Register shall be valid unless it is sealed with the common seal of the Council. (b) Every person who passes an examination for any of the advanced courses prescribed by the Council shall be granted a diploma in Form- B in Schedule IV under the common seal of the Council on payment of Rs. 2/- 13. Lost certificates, diplomas or badges :- In the event of a registration certificate or diploma or a badge being defaced, lost or destroyed and where it is so proved to the satisfaction of the Registrar, the Registrar may issue a duplicate registration certificate or diploma or a badge on payment of a fee of Rs.5/- each. A certificate or diploma or a badge issued under this rule shall be marked "Duplicate". 14. Certificate as to entry in Register :- Any person requiring an information about a person whether or not he has been registered under the Act shall be entitled, upon payment to the Registrar of a fee of rupees two, to be furnished with a certificate under the hand of the Registrar certifying that on a specified date or during a specified period the name of person was or was not entered in any part of the Register, as the case may be. 15. Inspection :- (1) The Council shall from time to time depute one or more of its professional members to visit approved and recognized training institutions with a view to ascertain the manner in which the course of training prescribed in that behalf is being imparted and to make recommendations to the Council regarding such course and method o f training. Every such training institution shall be inspected at least once in every five years. (2) The Council may, wherever necessary, call on the Governing Body, or like authority of an institution responsible for giving instructions and holding qualifying or prior examination. (i) to furnish such particulars as the Council may require from time to time, in connection with the courses of study and training and examination; (ii) to permit a professional member or members of the committee appointed by the Council in this behalf to inspect any such institution and to attend all or any of the qualifying or prior examinations held by it or under its authority. (3) It shall be the duty of the professional members so appointed to inspect a training institution and to report as to the suitability of the institution for the purposes of training and on the adequacy of the training therein. Where any such members are appointed to inspect any examination it shall be their duty to report to the Council their opinion as to the standard of every examination which they attend and any other matters in relation to such examinations on which the Council may require them to report. (4) The Council shall cause any qualifying examination of the institution approved and recognised by the Council and every prior examination or examinations leading up to it to be inspected ordinarily at least once in every five years. A copy of the report on such examination shall be forwarded by the Council to the training institution and the body which held the examination. The Council shall also forward copies with remarks, if any, of the institution or authority concerned, to the State Government. 16. Withdrawal of approval of, or refusal to approve or recognize institution :- (1) If, on the report of its professional member, the Councils is of opinion that the training at an approved and recognised institution is not being properly carried on, the Council may, after giving an opportunity to the institution to be heard in its defence, withdraw its approval and recognition and remove the institution from the list of approved and recognised training institutions and such institution shall not be approved and recognized again unless and until the Council is satisfied that adequate arrangements have been made by the institution for giving proper training at such institution. (2) The order of withdrawal of recognition shall be served in the same manner in which the order or notice referred to in rule 11 is to be served. 17. Qualifications for being admitted as a student :- A person desirous of being admitted as a student for being trained as a nurse, an auxiliary nurse and midwife, a midwife or health visitor into any approved training institution shall produce such evidence of general education as may be prescribed by the Indian Nursing Council under regulations framed from time to time in that behalf. 18. Curriculum of the Courses for nurses, auxiliary nurse midwives and health visitors :- The curriculum for the courses, the period of training and the manner in which it should be imparted shall be such as may be prescribed by the Indian Nursing Council under regulation framed from time to time, in that behalf. 19. Advanced and other Courses :- The Council may institute, advanced and other courses in nursing midwifery, health visiting and allied subjects in accordance with by- laws framed by the Council from time to time in that behalf. 20. Prescribed Examinations :- The prescribed examinations shall be held in the manner and subject to the conditions specified in Schedule V. 21. Grant of eligibility certificate to certain persons :- The Council shall grant a certificate to any person who has passed an examination in Nursing of any University established by Law in the States concerned or of an authority approved and recognised by the Council, in the Form given in Schedule VI on payment of a fee of Rs. 10/-. 22. Fee for entering names of persons practising as nurses, midwives and health visitors in the list :- (1) The fee for admission of a person in the list kept under section 17 of persons practising as nurses, midwives and health visitors shall be Rs. 10/-. (ii) The provisions of rules 10, 11, 13 and 14 shall mutatis mutandis apply in relation to the list. (iii) Every person whose name is entered in the list shall be granted a certificate in the form given in Schedule VII. 23. Supervision of practice of registered persons and persons on the list :- (1) A Licensing Authority shall exercise general supervision over all persons whose names are registered in the Register or are included in the List, and who practise within the area of its jurisdiction in accordance with the bye-laws made by the Council- (2) Every licensing authority shall (a) maintain a roll containing the names and addresses of registered persons of the persons whose names are included in the List, who practise within the area of its jurisdiction corrected up to 31st December each year and keep a copy of the roll accessible at all reasonable times for public inspection; (b) report at once to the Council the name of any registered person and of a person whose name is included in the List, practising within the area of its jurisdiction who has been convicted of any offence : (c) bring to the notice of the Council any complaints of malpractice, negligence or misconduct on the part of any of such persons; (d) afford the Council every assistance in the investigation of charges of malpractices, negligence or misconduct on the part of such person ; (e) report to the Council, in the first week of every month, the death or any changes in the name or address of any of such person, during the preceding month. (3) Whenever the licensing authority receives a notice under section 21 from any person of his intention to practise, the licensing authority shall satisfy itself, that the applicant is a registered person or a person whose name is included in the list and shall enter his name in the roll to be maintained under clause (a) of sub- rule (2). 24. Nurses Establishment :- (1) An application for a licence to carry on a Nurses Establishment shall be made in writing and shall be sent by registered post to the licensing authority of the area in the Form given in Schedule VIII. It shall be accompanied by a fee of Rs. 100/-. (2) An application for a licence by a Nurses Establishment already in existence shall be made within two months from the date on which these rules come into force. (3) An application for the renewal of a licence shall be made not 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 furtheir information in his possession as the licensing authority may require in respect of the Nurses Establishment. 25. Fees :- The fees payable in respect of an appeal to the State Government under sub-section (5) of section 22 shall be rupees twenty five. 26. Repeal and saving :- On the commencement of these rules, the rules made by the Bombay Nursing Council under section 29 of the Bombay Nurses, Midwives and Health Visitors Act, 1954 and any other corresponding rules in force in the Saurashtra and Kutch areas of t h e State of Gujarat before such commencement shall stand repealed ; Provided that anything done or any action taken under any of the rules so repealed shall be deemed to have been done or taken under the corresponding provisions of these rules. SCHEDULE 1 SCHEDULE SCHEDULE 2 Each part of the Register including sections thereof shall show in respect of each registered person the following particulars : - SCHEDULE II (See rule 7) Each part of the Register including sections thereof shall show in respect of each registered person the following particulars : - a. Consecutive registered number b. Full name and, in the case of a married woman, maiden name and full name c. Permanent and present address... d. Place and date of birth and whether single, married, widow or separated. e. Place or places and period or periods of training (Only details appearing in the Register of the Bombay Nursing Council or in the certificates of training produced should be entered under this heading). (f) Qualifications.Under this heading the nature of the qualifications and the dates of certificates should be entered. In the case of Part I, the period for which the temporary registration is granted by the President of the Indian Nursing Council should be entered. (g) Date of registration. RemarksUnder this heading cross references to any other part of the Register in which the person may be registered and a reference to the Diploma in any advance course, if any, which the person has obtained, and the date thereof should be entered. SCHEDULE 3 SCHEDULE SCHEDULE 4 SCHEDULE SCHEDULE 5 The manner in which and the conditions subject to which examinations shall be held SCHEDULE V (See Rule 20) The manner in which and the conditions subject to which examinations shall be held. 1. Examinations will be held at Ahmedabad and at such other places and on such dates as shall be determined by the Council from time to time. They shall be conducted in such languages as may be laid down by the Council from time to time. 2. Where there are more than one Centre for a written examination, question papers shall be given to candidates on the same day and at the same time at every Centre. 3. Candidates can appear at any of the Centres determined by the Council, with the written permission of the Heads of their training institutions. The Head of the institution may grant permission to a candidate to appear at a Centre, other than the one nearest to the institution, only after a careful inquiry into the candidates' reason for selecting such a remote Centre. The reasons should be reported to the Council. 4. Candidates must forward their applications to the Registrar through the head of their institution, before the commencement of an examination alongwith the necessary fees, on such dates as may be fixed by the Registrar for each examination : Provided that Auxiliary Services Nurses and demobilised [Nurses who earn exemption as per the direction of the Indian Nursing Council may forward their applications to the Registrar direct, if they have not joined any training institution. The application shall be in the form determined by the Examination Board of the Council and no application that is not complete in every respect including accompaniments will be accepted. If it comes to the notice of the President, Examining Board of the Council that a candidate for entry to any of the Council's Examinations has been guilty of misconduct, he may, after giving the candidate an opportunity of stating his case after making such other reasonable investigations as may be necessary, refuse to admit him to the Examination of the Council. The question as to when he may be allowed to appear again shall be referred by him to the Council for consideration, the decision of which in the matter shall be final. 5. Examination fees once paid shall not be refunded or held in reserve for a future examination except when the candidate dies before the date of the examination, or when he is ill, in which latter case a medical certificate from a registered medical practitioner must be sent to the Registrar so as to reach him before the actual day of the examination. 6. No candidate shall be admitted to an examination unless he has complied with all the requirements prescribed by the Indian Nursing Council under regulations framed from time to time in that behalf: Provided that the Council may grant recognition to examinations of other Nursing Councils or Examining Bodies and training taken in hospitals approved by such bodies, or in hospitals in territories of the former Indian State which formed part of the State of Gujarat and may allow service put in by Nurses and midwives in emergency camps or hospitals established by Government and approved by the Council or in such Indian States, to be counted as training for the purpose of admission of any examination on the merits of each individual case, (7) A candidate who has, satisfied all the requirements of the prescribed courses of studies at his Institution, including the necessary minimum attendance, but who has not appeared for the examination subsequently through any other recognised Institution and who wishes to appear at the Examination shall on payment of the prescribed fees, be admitted to that examination if he has been on a previous occasion admitted to that examination (or recommended for such admission by the head of the recognised Institution which he list attended) ; provided that he produces a certificate to that effect from the head of the recognised Institution. 8. Candidates shall be considered to have passed in the examination if they fulfil the requirements prescribed by the Indian Nursing Council under regulations framed from time to time in that behalf. 9. A copy of the certificate, testifying that a candidate has passed an examination held by the Council, will be issued by the Registrar on payment of a fee of Rs 2 : Provided that a certificate of passing the examination entitling a candidate for registration may be issued free of charge after the declaration of the result of the Examination in the form as given below : THE GUJARAT NURSING COUNCIL Certificate of Examination No It is hereby certified that has passed the Examination in held by the Council on Ahmedabad Date President, Registrar. Examination Board. 10 A statement showing the marks obtained by a candidate in each head of passing will be supplied on payment of a fee of Rs. 2/- per examination. Marks obtained by a candidate for answers to individual questions will not be supplied. 11. Information as to whether a candidate's answers under any particular head or heads have been examined and marked will be supplied to the candidate on his forwarding, within six weeks of the declaration, of the results of the examination, an application accompanied by a fee of Rs. 11/-for each head. The fee is only for verifying whether a candidate's answers under any particular head have been examined, and not for the re-examination of the answers. The rule that marks obtained by candidates in individual question cannot, in any circumstances, be supplied, holds good in the case of applications for the verification of marks. If as a result of the verification made under this rule, it is discovered that there has been either an omission to examine or mark any answer or answers, or that a mistake has occurred in the totalling of the marks, the fee for verification shall be refunded to the applicant. 12. Failure to pass an examination will not disqualify a candidate for presenting himself on subsequent occasion on the submission of a new application, the payment of a fresh fee, and fulfilling such conditions as may be laid down by the Indian Nursing Council from time to time in that behalf. 13. The Examination shall be held on such dates and times as may be determined by the Council from time to time. 14. The examination shall be partly oral, practical, and clinical and partly written, and shall embrace the subjects referred to in curriculum, 15. The written, and oral part shall consist of such papers and practicals and orals as may be prescribed by the Indian Nursing Council under regulations framed from time to time in that behalf. 16. The fee payable by each candidate for examination or re- examination shall be such as may be laid down in the bye-laws. SCHEDULE 6 THE GUJARAT NURSING COUNCIL SCHEDULE VI (See rule 21) THE GUJARAT NURSING COUNCIL It is hereby certified that has passed the qualifying examination held by his and that she is eligible for registration as a President, Examining Board. N.B.The certificate does not entitle the holder to call herself "Registered" for which a separate registration certificate should be obtained from the office of the Council on payment of the required fees and production of his certificate and certificate training. SCHEDULE 7 THE GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS ACT, 1968 SCHEDULE VII [See rule 22 (iii)] THE GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS ACT, 1968. Certificate of Enlistment. The name of is entered in the list maintained under the Gujarat Nurses, Midwives and Health Visitors Act, 1968, as in part of section prescribed under the bye-laws. Date Registrar. Note The certificate shall not be used as evidence of the identity of the holder with the parson named therein. SCHEDULE 8 Form of Application to carry on Nurses Establishment SCHEDULE VIII (See rule 24) Form of Application to carry on Nurses Establishment To (Name of the Licensing Authority) I, (we) hereby apply in pursuance of section 22 of the Gujarat Nurses, Midwives and Health Visitors Act, 1968 for a licence to carry on a Nurses Establishment for providing nurses, midwives, health visitors to those requiring their services and furnish below particulars in regard to the Establishment. I. (a) Full name (s) of the applicant (s), in Block capitals. (b) Private address of the applicant (s). (c) (In the case of a woman) whether married or single. (d) Age of the applicant (s). a. Professional status (if any) of the applicant (s). b. Nationality of the applicant (s) 2. If the application is made by a company or other body corporate a. Registered or principal officer of the company, or body. b. Full names and address of all directors, trustees or other persons concerned with carrying on its management. 3. Full name and private address of every person (if any) other than the applicant (s) who is, or is to be responsible for the management of the Nurses Establishment or in charge of the establishment. 3. (a) Name under which the establishment is or is to be carried on. (b) Brief description of premises and where nurses are accommodated on the premises, particulars of the accommodation provided for them, whether for sleeping or for recreational purposes or for taking meals. 5. Name, address and qualifications of each nurse and his registration number, and name and address of the registered medical practitioner who supervises the selection of the person for the work in each case. 6. Approximate number of persons of the following categories available or likely to be made available, by the Nurses Establishment a. Nurses on Part A Section 1 of the Register. b. Nurses on Part B Section 1 of the Register. a. Female nurses on each other part of the Register, not included under (a). b. Male nurses on other part of the Register not included under (b) c. Registered auxiliary Nurses and Midwives. d. Registered Midwives e. Registered Assistant Midwives (h) Other persons, i e. those on the List enrolled as (i) Nurses and Midwives (ii) Male Nurses (iii) Female Nurses (iv) Midwives 7. How many of the persons referred to in each of the categories mentioned in paragraph 6 are or will be resident on the premises of the Nurses Establishment. 8. Fees, charges and any other consideration at which persons of each of the categories referred to in paragraph 6 will be made available to a. Private patients b. Hospitals c. Nursing homes d. Other institutions (Sanatoria, Creches, etc.) 9. Fees or commission charged to and the other terms of engagement if any, of each of the persons of the categories referred to in paragraph 6. 10. Name and address of any other Nurses Establishment in which the applicant, or company, association or body corporate or any director, or trustee or person is management thereof, is interested and the nature and extent of the interest therein. 11. Name and address of any other Nurses Establishment with which the applicant or any director or trustee or person in management of the Nurses Establishment for which an application is made has previously been connected. 12 Full particulars, of any previous application by the applicant, or by a company or other body lorporate for a licence which has been refused by any licensing authority. I, (We) declare that the above information is true according to the best of my/our knowledge and belief. Date Signature of Applicant Secretary, Managing Trustee, Managing Director