DEPARTMENT OF LAW JUSTICE AND LEGISLATIVE AFFAIRS NOTIFICATIONS
the 11 th March, 1999
following Act of the Legislative Assembly received the assent of
the President on 4-3-1999 and is hereby published for general
THE DELHI NURSING COUNCIL ACT,
(Delhi Act No.3
An Act to
provide for~ the constitution of the Delhi Nursing Council for
regulation of registration and training of nursing personnel
(nurses, mid-wives, auxiliary nurse mid-wives/female health
worker/female health assistant/supervisors) and matters connected
Be it enacted
by the Legislative Assembly of the National Capital Territory of
Delhi in the Forty Eighth Year of the Republic of India as
title, extent and commencement-
Act may be called the Delhi Nursing Council Act, 1997.
extends to the whole of the National Capital Territory of Delhi.
shall come into force on such date as the Government may, by
notification in the official Gazette, appoint.
In this Act, unless the context otherwise requires
" means an institution or hospital or health
centre for preventive, promotive, curative care and
rehabilitative nursing services, which is recognised and
affiliated to the Council;
"Auxiliary nurse-midwife" or "female health worker"
person who possesses a certificate of auxiliary nurse midwife,
or, as the case may be, of female health worker from a
recognised institution registered under section 13;
means the Delhi Nursing Council constituted under section 3; (d)
"female health assistant or supervisor" means a person who
possesses a certificate from an institution recognised and
registered under section
means the Government of the National Capital Territory of Delhi;
"licensing authority" means an officer authorised by the
Government to issue licenses under this Act
" means the Lieutenant Governor of the National
Capital Territory of Delhi referred to in clause (1) of article
(b) 239AA and appointed by the President under article 239 of
means a nurse appointed by the Council
means a list of nurses, midwives, auxiliary nurse-midwives or
female health workers or female health assistants or supervisors
maintained under section 16
means a member of the Council
means a person who possesses a certificate in nursing and
midwifery from an institution recognised in this behalf and
registered with the Council;
means prescribed under the rules;(M) "President" means the
President of the Council;
means a register maintained under section 15;
means registered in accordance with the provisions of
means Registrar appointed under section 10;
means a regulation made by the Council under this Act. (r)
"rule" means a rule made by the Government under this Act, by
notification in the Official Gazette.
Constitution and incorporation of the Council
Government shall, as soon as may be after the commencement of
this Act, constitute a Council called 'The Delhi Nursing
Council'. The Council shall consist of the following members,
Director of Health Services, Government of National Capital
Territory of Delhi- Ex-Officio.
Director of Indian Systems of Medicine and Homoeopathy-
Medical Officer of Health, Municipal Corporation of Delhi-
Nursing Advisor to the Government of India- Ex-Officio.
Nursing Chief Officers of the hospitals in the National
Capital Territory of Delhi to represent one hospital each, to
the nominated by the Government by rotation, from the
Hospitals of Central Government;
Hospitals of Government of National Capital Territory of
Hospitals of Municipal Corporation of Delhi/New Delhi
members of the Legislative Assembly of the National Capital
Territory of Delhi to be nominated by the Speaker of the
persons to be nominated by the Government to represent as
nurse, an auxiliary midwife and a nursing educationist, from
amongst the nurses, auxiliary nurse mid-wives and nursing
educationists of recognised nursing schools.
member of the Delhi branch of Trained Nurses Association of
India to be elected by the Members themselves.
principals one each from General Nursing and Midwifery Schools
and Colleges of Nursing; and one Principal from Auxiliary
Nursing and Midwifery Schools, to be elected from amongst the
Council shall be a body corporate, having a perpetual succession
and a common seal, with power to acquire, hold and dispose of
property, whether movable or immovable, and to contract and to
do all things necessary for the purposes of this Act, and may be
the name aforesaid sue or be sued.
President and the Vice-President of the Council shall be elected
from amongst the members, according to the procedure as may be
4. Term of
term of office of a member, other than ex-officio member, shall
be three years from the date of nomination or until a successor
has been duly nominated, whichever is earlier.
member appointed to the Council in his ex-officio capacity shall
cease to hold office as a member if he ceases to hold such
President shall hold office from the date of election upto the
date on which his term of office as a member expires or until a
successor has been duly elected.
(4) If the
seat becomes vacant by reason of death, disability, resignation,
removal or disqualification, a new member shall be nominated by
the Government and such nominated member shall hold office only
for the remainder of the term for which the member was
member shall be deemed to have vacated office if he absents
himself from three consecutive meetings of the Council without
leave of the Council.
(6) (a) The
President may resign from his office by notice in writing
addressed to the Secretary of the Council. Such resignation
shall take effect from the date on which it is accepted by the
member may resign from office by notice in writing addressed to
the President and every such resignation shall take effect from
the date on which it is accepted by the President.
Notwithstanding anything contained in this Act, the Government
remove a member from office on being found disqualified as per
sub-section (8) of this section, or
(b) if the Council decides at a meeting by two-thirds majority
of the total membership that the continuation of a member in
office is prejudicial to the interest of the council,
remove the member from office.
(8) A person shall be disqualified
for being elected or nominated, and for continuing, as a member-
(a) if he is an un-discharged
(b) if he is of unsound mind and
stands so declared by a competent court; or
(c) if his name has been removed
from the register and has not been re�entered therein, or
(d) if he is a
whole-time officer or servant of the Council; or (e) completes
65 years of age.
5. Meetings of the Council-
(1) The Council shall meet atleast
once in a year '1l1d may also meet as many times as necessary in
a year to transact its business.
(2) The President, when present,
shall preside over meetings of the Council and in his absence
the Vice-President shall preside. In case both are absent, any
other member elected by the members present from amongst
themselves shall preside at such meetings.
(3) All transactions of business
at a meeting shall be decided by majority vote. (4) In the case
of equal votes, the President shall have a casti.ng vote.
The quorum necessary for the transaction of business at a meeting
of the Council shall be one-third of the total number of members
including the President.
Provided that if at any meeting of
the council a quorum is not present, the President or the
presiding member, as the case may be, shall adjourn the meeting to
such hour of the day or some future day, as he may notify by
notice on the notice Board at the office of the Council. The
business before the original meeting shall be brought before the
adjourned meeting and may be disposed of at such meeting or any
subsequent adjournment thereof, whether there be a quorum present
7. Vacancies in the Council
not to invalidate
Act, etc.- No act or
proceeding of the Council shall be invalid by reason of existence
of a vacancy in the Council or un account of any defect or
irregularity in its constitution.
8. Executive Committee
The Executive Committee shall consist of five members who shall be
elected by the Council from amongst its members in the manner as
may be prescribed.
9, Other Committees
The Council may constitute sub-committees for such purposes as the
Council considers necessary.
10. Staffing of Council
(1) The Council shall, with the
previous approval of the Government appoint a full time
nurse as a Registrar and another full time nurse as a Deputy
Registrar and such other staff as may be necessary.
(2) The Council shall adopt
the Central Civil Services Rules
(3) The pay and
allowances payable to the Registrar, officers and other
employees of the Council shall be fixed by the Council with the
previous approval of the Government.
(4) The Council may, with the
previous sanction of the Government, suspend dismiss or remove
any person appointed as the Registrar, or impose any other
penalty upon him in the manner as may be provided by
(5) The Registrar shall be the
Secretary and the Executive Officer of the Council. He shall
attend all meetings of the Council, and of its Executive
Committee, and shall keep minutes of the meetings and names of
members present and of the proceedings of such meetings.
(6) The accounts of the Council
shall be kept by the Registrar, in the manner as prescribed by
(7) The Registrar shall have such
supervisory powers over the staff as may be prescribed by
regulations and may perform such other duties and discharge such
other functions as may be specified in this Act, or as may be
prescribed by regulations.
(8) The Registrar shall be deemed
to be a public servant within the meaning of section 21 of the
Indian Penal Code.
11. Fees and Allowances for
- The President and other
members of the Council shall be paid such fees and allowances as
may be prescribed by regulations.
12. Income and Expenditure
of the Council
(1) The income of the Council shall
(a) Registration fees received
from the practitioners;
(b) grants received from the
Government, if any; and
(c) Gifts and donations or any
other sums raised by the Council.
(2) The Council shall apply the
money obtained under sub-section (1) in such manner as may be
REGISTRATION and ENLISTMENT
13. Registration of nurses,
midwives, auxiliary nurse midwives/ female health workers, female
health assistants/ health supervisors
(1) Any person who fulfills
academic qualifications and training as prescribed under the
regulations shall be registered, on payment of such fees as
prescribed, in the register for a period of five years.
(2) The Council shall follow such
procedure as may be prescribed by regulations.
(3) For the purpose of an appeal
under the provision of section 23, the Council shall be deemed
to be a Court within the meaning of the Indian Evidence act,
1872 and shall exercise all the powers of a Commissioner under
the Public Servants (Inquiries) Act, 1850.
Provided that nothing contained in
any Act shall prevent the Council from holding an inquiry or
14. Fee for renewal of
- Any person shall renew
his/her registration in the manner prescribed by regulations and
on payment of renewal fees.
15. Registers to be
(1) The Registrar shall maintain
such registers as may be prescribed.
(2) It shall be the duty of the
Registrar to make entries in the register, from time to time, to
revise the same and to issue certificates of registration in
accordance with the provisions of this Act and the rules made
Maintenance of list of
persons practicing as nurse auxiliary nurse midwives, female
health workers, female health assistants/ health supervisor
(1) The Council shall keep a list
of such persons as are not eligible for registration under
section 13 but who are practicing as nurses.
(2) If a person who, not
being qualified for registration under this Act, proves within
ninety days from the date of commencement of this Act, to the
nf the Council that he was in
regular practice as a nurse for a period not less than two years
before such commencement, shall on payment of such fees as may
be prescribed be entitled to have his name entered in the list.
Provided that any person whose
name has been removed from the register maintained under this
Act or under any other law for the time being in force in any
part of India, or from the register of any other country on the
ground of any professional or other misconduct, shall not be
entitled to have his name entered in the list.
(3) The provisions of sections 13,
14 and 15 shall mutatis mutandis apply to such list.
Persons not registered or not
in the list not to practice or be employed as nurses, etc
person other than a person registered-under this Act or person
whose name is entered in the list under section 16 shall practice
directly or by implication as practicing habitually or for
personal gains as a nurse.
18. Supply of orders of the
Council or the Registrar or of any entry in the Register or list
Copies of any order passed by the Councilor the Registrar or of
any entry in the register or in the list shall be supplied on
payment of such fees as may be prescribed by regulations.
19. Publication of
Registers and list
(1) The Registrar shall, on or
before a date to be fixed in this behalf by the Cow1cil and
thereafter every year, cause to be printed and published the
names for the time being entered in the registers.
(2) The provisions of sub-sections
(1) and (2) in shall mutatis mutandis apply to the publication
of the list prepared under section 16.
AUXILIARY NURSE MIDWIFE, FEMALE HEALTH WORKER, FEMALE HEALTH
ASSISTANT/HEALTH SUPERVISORS ENTITLED TO PRACTISE AND CONTROL
Licensing and Supervision
to the provisions of this Act and the rules and regulations made
thereunder, every licensing authority shall exercise general
supervision and control on the nurses, auxiliary nurse midwives,
female health workers, female health assistants/health
supervisors practicing within the area under its jurisdiction.
The licensing authority may
delegate any of its powers to such officer as may be authorised
in this regard.
Notice to licensing authority
before commencement of practice
person registered' under this Act who intends to practice
anywhere in the National Capital Territory, of Delhi as a nurse,
auxiliary nurse-midwife, female health worker, female health
assistant/health supervisor, shall give notice in writing to the
licensing authority in the month of January and every five years
thereafter during the period if he continues to practise within
the said area,
such notice shall contain such particulars and shall be in such
form as may be prescribed,
Recognition of training institutions-
nursing educational institute shall be started without the prior
approval of the Council and the Government.
Council may, by regulations specify examinations to be held as
laid down by the Indian Nursing Council constituted under the
Indian Nursing Council constituted under the Indian Nursing
Council Act, 1947 (XL VIII of 1947) from time to time.
Council may in accordance with the regulations and after
inspections and such inquiry as it deems fit, recognise any
institution for training of nurses, auxiliary nurse midwives,
female health workers, female health assistants/health
supervisors for appearing at any examination held by the
school, hospital or other institution which is not approved and
recognised under this section shall issue to any person a
certificate or enter the name of any person in any document
purporting to show that such person is qualified by reason of
having passed any examination or undergone any course of
training to practise as a nurses, auxiliary nurse midwife,
female health worker, female health assistant/health supervisor
unless his/her' name is registered under this Act or entered in
person shall issue any certificate to any person who does not
fulfil the regulations of the Indian Nursing Council.
registered hospital, nursing home or diagnostic centre shall
employ nursing personnel who do not posses the minimum requisite
qualification laid down ill the Indian Nursing Act, 1947.
against refusal to recognise Institution
Any person aggrieved by any decision of the Registrar under this
Act including a decision refusing to approve and recognise any
institution to train nurses, auxiliary nurse midwives, female
health workers, female health assistants/health supervisors may
appeal within sixty days from the date on which such decision is
communicated to him, to the Council which shall hear and determine
the appeal in the prescribed manner. The decision of the Council
under this Act shall be final.
Council, may accordance with the regulations and after inspection
and holding such inquiry as it deems fit, affiliate to any
institution or hospital for preventive, promotion curative, and
rehabilitative nursing care of clients or patients.
Withdrawal of recognition
(1) When upon
report by the Executive Committee, it appears the Council-
the courses of study training and the examinations to be gone
through in order to obtain a recognized qualification from any
authority In any State or Union territory or the conditions for
admission to such courses or the standards of proficiency
required from the candidates at such examinations are not in
conformity with the regulations made under this Act or fall
short of the standards required thereby, or
(b) That an
institution recognized by the Council for the training of
nurses, auxiliary nurse midwives, female health workers, female
health assistants/health supervisors does not satisfy the
requirements of the Council,then the Council shall send to the
Government of the State/ Union Territory in which the authority
or institution, as the case may be, is situated a statement to
such effect and the State Government /Union Territory
Administration shall forward it, along with such remarks as it
may think fit to the authority or institution concerned and in a
case referred to in clause (b) to the Council also, with an
intimation of the period within which the authority or thee
institution may submit its explanation to the Government.
receipt of the explanation or, where no explanation is submitted
within the period fixed, then on the expiry of the period the
Government shall make its recommendations to the Council.
Council, after such further inquiry, if any, as it may think fit
to make, and in a case referred to in Clause (b) of sub-section
(1) after considering any remarks which the Council may have
addressed to it, may declare-
a case referred to in clause (a) of that sub-se4ction that the
qualifications granted by the authority concerned shall be
recognized qualifications only when granted before a specified
case referred to in the said clause (b) that with effect from a
date specified in the declaration any person holding recognized
qualification whose period of training and study preparatory to
the grant of the qualification passed at the institution
concerned shall be entitled to be registered only in the State/
Union territory in which the institution is situated.
Council may declare that any qualification granted outside the
Delhi by any State/ Union Territory shall be a recognised
qualification only on or after a specified date .
(1) Any person who acts in
contravention of the provisions of section 17 shall, on conviction
be punished with fine which may extend to two thousand rupees for
the first offence; to five thousand rupees for the second offence;
and to ten thousand rupees for any subsequent offence. Sentence
may be commensurate with the gravity of the offence.
(2) Any person who fails to comply
with the provision of sub-section (1) of section 22 shall, on
conviction, be punished with fine which may extent to two thousand
rupees for the first offence; five thousand rupees for the second
offence; and ten thousand rupees for any subsequent offences. Such
institutions shall not be considered for recognition under this
(3) Any person who fails to comply
with the provisions of sub-section (4) of section 22 shall, on
conviction, be punished with fine may extend to ten thousand
rupees, and shall also be liable to imprisonment which may extend
to three months.
(4) Any person found issuing a
certificate in violation of sub-section (5) of section 22 shall,
on conviction, be punished with fine which may extend to five
thousand rupees or with imprisonment for a term which may extend
to six months or with both.
(5) Any registered hospital or
nursing home or diagnostic centre found appointing any nursing
personnel who does not possess the minimum requisite qualification
laid down under the Indian Nursing Council Act, 1947, shall, on
conviction, be punished with fine which may extend to ten thousand
rupees or with simple imprisonment for a term which may extend to
six months or with both.
27. Punishment for
dishonest use of certificates etc
(a) who dishonestly makes use of
any certificate of registration issued under the provisions of
this Act, or
(b) who procures or attempts to
procure registration under the provisions of this Act bymaking
or causing to be made or produced any false or fraudulent
declaration or representation whether in writing or otherwise;
(c) Who willfully makes or makes
false representation in any matter relating to the register or
the list or any certificate issued under the provisions to this
(d) Who knowingly or willfully
makes or causes or prepares any other person to make any false
statement in any notice under this Act, Shall, on conviction, be
for the first offence, with fine which may extend to five
thousand rupees; and
any subsequent offence, with simple imprisonment for a term
which may extend to six months or with fine which may extend
to ten thousand rupees or with both.
Penalty for unlawful assumption of title of registered nurse, etc
Any person who, not being a registered nurse, auxiliary nurse
midwife, female health worker, female health assistant/health
supervisor takes or uses the name or title of a registered or
listed nurse, auxiliary nurse-midwife, female health worker,
female health assistant/health supervisor or uses any name, title,
description, specified uniform, object or signboard with the
intention that it may be believed that such person is registered
shall, on conviction, be liable to be punished-
(a) for the
first offence, with fine which may extend to five thousand
(b) for any
subsequent offence, with simple imprisonment for a term which
may extend to three months, or with fine which may extend to ten
thousand rupees or with both.
Offence by Companies
an offence under this Act has been committed by a company-
person who, at the time the offence was committed was in
charge of, and responsible to the company for the conduct of
the business of the company; and
deemed to be guilty of the offence and shall be liable to be
proceeded against and plmished accordingly.
For the purpose of this section-
means a body corporate, includes a firm or other association or
in relation to firm, means a partner in the firm.
Cognizance of Offences
No Court shall take cognizance of any offence under this Act
except on a complaint made with the previous sanction of the
Exemption of registered medical practitioners from the provisions
of this Act
- Nothing in
this Act shall apply to a registered medical practitioner.
In this section a registered
medical practitioner means a person practising medicine and
registered as such under any law relating to the registration of
persons practising medicines.
of Government to dissolve and reconstitute the Council
time, it appears to the Government
that the Council has failed to exercise or exceeded or abused any
of its powers conferred upon it under this Act, or failed to
the duties conferred upon it by or under this Act, it may by an
order published together with a statement of reasons therefore, in
the official Gazette, dissolve the Council and in case of
dissolution of the Council cause all or any of the powers, duties
and functions of the Council to be exercised, performed and
discharged by an administration who is qualified as senior nursing
officer till a new Council is constituted.
The accounts of the Council shall be audited in such manner as may
to make rules
The Government may, by
notification in the official Gazette, and subject to the
condition of previous publication make rules to carry out the
purposes of this Act. Such rules may be made to provide for all
or any matters expressly required or allowed by this Act to be
prescribed by rules.
particular, and without prejudice to the generality of the
foregoing power, the Government may make rules for all or any of
the following matters, namely-
manner in which the President and the Vice President of the
Council shall be elected under sub-section
manner in which the meetings of the Council shall be convened
held and conducted under sub section
of section 5;
manner in which the members of the Executives Committee shall
be elected under Section 8;
manner in which the money �received by the Council shall be
applied under sub-section
procedure to be followed by the Council in disposing of
appeals under sub-section
Form of register to be maintained under section
Form of list to be maintained under section
Form of notice to be given to the licensing authority under
auditing of the accounts of the Council under section 33.
Power to make regulations
The Council may with the
previous sanctions of the Government, by notification in the
official Gazette, make regulations not inconsistent with the
provisions of this Act or the rules made thereunder to carry out
the purposes of this Act.
prejudice to the generality of the foregoing powers, such
regulations may provide for--
payment of allowances to the President and other members of
the Council and to other members of the Committees;
duties, powers, leave, suspension, removal and other terms and
conditions of service of the Registrar, officers, and servants
of the Council and the payment of salaries or allowances to
manner, in which the accounts of the Council shall be kept by
supervisory powers of the Registrar over the staff;
conditions and restrictions which are to be complied with and
the courses of training and examinations which are to be
completed and passed by persons for registration under
(f) the fee payable for
registration under sub-section (1) of section 13, the renewal
of registration under section 14 and the entry of names
removed from the registers and the fee payable for such entry
under sub-section (2) of section 16;
(g) the fee payable for the
copies the orders of the Councilor of the Registrar and for
the supply of a copy of any entry from the register or list;
(h) Prescription of regulations
for affiliation under section 24;
(i) dress code for nurses.
36. Repeal and Savings
(1) As from of the date of the
commencement of this Act, the Punjab Nurses Registration Act,
1932 as in force in the National Capital Territory of DeU1i
shall stand repealed,
(2) Notwithstanding the provisions
of sub-section (1) of this section-
(a) the pervious operation of
the provisions so repealed or anything duly done or suffered
(b) subject to the provisions of
sub-section (1) anything done or any action taken under the
Act hereby repealed shall, in so far as it is not inconsistent
with this Act, be deemed to have been done or taken under the
corresponding provisions of this Act and shall continue to be
in force accordingly unless and until superseded by anything
done or any action taken under this Act.
Removal of difficulties-
difficulty arises in giving effect to the provisions of this Act,
the Government may, by general or special order published in the
official Gazette, make such provision not inconsistent with the
provision of this Act as appear to it to be necessary or expedient
for the purpose of removing difficulty.
Provided that no such order shall be
made after the expiration of two years from the commencement of
38. Laying of rules made
under section 34, regulations made under section 35 and orders
issued under section 37 before the House of the Legislative
- Every rule made under section
(34) every regulations made under section 35 and every order made
under section 37, of this Act shall be laid, as soon as may be
after it is made, before the House of the Legislative Assembly of
the National Capital Territory of Delhi, while it is in session,
for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, the House agrees in making any
modification in the rule or regulation or order should not be
made, the rule or regulation or order shall thereafter have effect
only in such modified form or be of no effect, as the case may be,
so, however, that any such modification for annulment shall be
without prejudice to the validity of anything previously done
under that rule or regulation or order.