Updated: Saturday May 07, 2016/AsSabt
Rajab 30, 1437/Sanivara
Vaisakha 17, 1938, at 06:37:55 PM
The
1ACT NO. XXVI OF 1973
[9th February, 1973]
An Act to amend
and consolidate the laws relating to registraÂtion and training of nurses,
midwives and health visitors.
WHEREAS it is expedient to
amend and consolidate the laws relating to registration and training of nurses,
midwives and health visitors and to provide for matters ancillary thereto;
It is hereby enacted as
follows:---
1.
Short title, extent and commencement.- (1) This Act may be called the Pakistan Nursing Council Act, 1973.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2.
Definitions. In this
Act, unless there is anything repugnant in the subject or context,---
(a) ”Board” means a Provincial Nursing Examination Board
constituted under section 11;
(b) ”Council” means the Pakistan Nursing
Council established under section 3;
(c) ”member” means a member of the Council;
(d) ”prescribed” means prescribed by regulations made under
section 26;
(e) ”recognised higher qualification” means a qualification
granted by an institution established and maintained by the Federal Government
which is declared to be a recognised higher qualification for the purposes of
this Act, and includes a qualification which was, immediately before the
commencement of this Act, a recognised higher qualification under the Pakistan
Nursing Council Act, 1952 (LIX of 1952).
(f) ”recognised qualification” means a qualification granted by
a Board which is declared to be a recognized qualification for the purposes of
this Act and includes,---
1For Statement of Objects and Reasons,
see Gaz. of R. 1973. Ext.. Pt. III. p. 288.
(i) qualification specified in the Schedule; and
(ii) a qualification which was, immediately
before the commencement of this Act, a recognised qualification under the
Pakistan Nursing Council Act, 1952 (LIX of 1952).
(g) ”register” means the register of nurses, midwives, health
visitors and nursing auxiliaries maintained under section 19.
3.
Establishment of the Council.—(1) The Federal Government shall, as soon as may be, establish a
Council to be called the Pakistan Nursing Council, which shall consist of the
following members, namely:---
Ex-Officio
members
(a) the Director-General, Health, Government of
(b) the Chief Administrative Officer, by whatever name called,
of the Health Services of each Provincial Government;
(c) the Chief Nursing Officer, by whatever name called, of the
Federal Government;
(d) the Chief Nursing Administrative Officer, by whatever name
called, of the Armed Forces Nursing Service;
(e) the Superintendent of Nursing Services of each Provincial
Government or, if there is no such Superintendent in a Province, the person
holding the corresponding office;
Other members
(f) one nurse from each Province, to be elected by the
Provincial Boards;
(g) one nurse-midwife from each Province, to be elected by the
Provincial Board;
(h) three members elected by the
(i) one member elected by the Medical and Dental Council from
amongst its members;
(j) two members to be elected by the National Assembly from
amongst its members;
(k) one lady member of each Provincial Assembly to be elected
by the Provincial Assembly from amongst its members;
(l) one health visitor from each Province, to be elected by the
Provincial Board;
(m) two members nominated by the Federal Government, of whom —
(i) one shall be an experienced educationist, and
(ii) one shall be a nursing instructor of an
institution maintained by the Federal Government.
(2) The Council established
under sub-section (1) shall be a body corporate having perpetual succession and
a common seal, with power, among others, to acquire, hold and dispose of
property, and shall by its name sue and be sued.
4.
Term of office of members.—(1)
Subject to the provisions of this section, an elected or nominated member shall
hold office for a term of three years from the date of his election or
nomination, as the case may be.
(2) An elected or a
nominated member may at any time resign his office by writing under his hand
addressed to the President of the Council, and the seat of such member shall
thereupon become vacant.
(3) An elected or a
nominated member shall be deemed to have vacated his seat,---
(a) if he ceases to represent the particular interest which he
was elected or nominated to represent or to hold any office or appointment by
virtue of which he was qualified to be elected or nominated; or
(b) if he is declared by the Council to have been absent
without sufficient cause from three consecutive meetings of the Council.
(4) An elected or a
nominated member shall be eligible for reelection or re-nomination but not for
more than two consecutive terms.
5.
Casual vacancies. A
casual vacancy in the office of a member shall be filled for the remainder of
the term of such member by election or nomination of another person in his
place in the same manner in which such member was elected or nominated.
6.
Vacancy etc., not to invalidate proceedings. No act or proceeding of the Council shall
be invalid merely on the ground of the existence of any vacancy in, or any
defect in the constitution of, the Council.
7.
Meetings of Council.—(1)
The Council shall, for the purpose of transacting its
business, meet at least once every six months at such times and places as the
Council may deem fit or as the President of the Council may determine.
(2) Special meetings may be
held at such times and places as the Council may deem fit or as the President
of the Council may determine.
(3) A written notice with
respect to the time, place and object of any special meeting shall be sent by
post by the Secretary to the Council to all the members at least seven days
before the day fixed for such meeting.
(4) Unless otherwise
prescribed, fourteen members shall form a quorum for the meetings of the
Council; and all decisions of the Council shall be made by a majority of the
members present and voting.
8.
President and Vice-President.—(1) Unless prevented by circumstances beyond its control, the
Council shall, at its first meeting to be presided over by a member elected for
the purpose, elect from amongst its members a President and a Vice-President.
(2) The President or
Vice-President of the Council shall hold office as such for so long as he
continues to be a member.
9.
Executive Committee.—(1)
The Council shall constitute an Executive Committee consisting of the
President, the Vice-President and seven other persons elected by it from
amongst its members, and may constitute such other committees for general or
special purposes as the Council may deem necessary for carrying out the
purposes of this Act.
(2) The President and the
Vice-President of the Council shall respectively be the President and the
Vice-President of the Executive Committee.
(3) The Executive Committee
shall exercise and perform such powers and functions as are, or may be,
conferred or imposed upon it by or under this Act.
10.
Officers and servants of the Council.—(1) The Council shall appoint a Registrar of the Council and may
appoint a Secretary a Treasurer and such other officers and servants as it may
deem necessary for carrying out the purposes of this Act:---
Provided that the Council
may, if it thinks fit, require the Registrar to perform the functions of
Secretary and the Treasurer or any of them.
(2) The Council shall, with
the previous sanction of the Federal Government, determine the terms and
conditions of 'service and fix the pay and allowances of its officers and
servants.
11.
Provincial Nursing Examination Board.— (1) A Provincial Government shall constitute a Provincial
Nursing Examination Board consisting of such persons as the Provincial
Government may, in consultation with the Federal Government, appoint.
(2) The functions of a
Board shall be to confer, grant or issue diplomas, licenses, certificates or
other documents stating or implying that the holder, grantee or recipient
thereof has acquired a qualification in nursing midwifery, health visiting,
public health nursing or' auxiliary nursing and to hold and conduct
examinations to be undergone by persons desiring to obtain such qualifications.
(3) A Board shall conduct
its proceedings in such manner as may be prescribed.
12.
Recognition of institution or authority conducting training.—(1) Any institution or authority which
conducts any courses of study or training in general nursing, midwifery, health
visiting, public health nursing, auxiliary nursing or nursing aid (Naid) may
apply to the Council for recognition.
(2) The Council may, if it
is satisfied after such enquiry as it may think fit to make that the
institution or authority making an application under sub-section (1) fulfils
such requirements as may be prescribed for the purpose, grant the recognition
applied for.
13.
Reciprocal recognition of qualification.—(1) The Council may, for settling a scheme of reciprocity for
recognition of qualifications, enter into negotiations with any authority in a
foreign country which, by the law of such country, is entrusted with the
maintenance of, or is authorised to maintain, a register of nurses, midwives or
health visitors.
(2) The Council may, in
pursuance of any scheme of reciprocity settled under sub-section (1), by
notification in the official Gazette, declare in respect of any qualification
or higher qualification granted by any authority in such country that such
qualification or such higher qualification, or such qualification or higher
qualification only when granted after the date specified in the notification,
shall be a recognised qualification or a recognised higher qualification for
the purposes of this Act.
(3) Notwithstanding that a
scheme of reciprocity has not been settled under sub-section (1), the Federal
Government may, after consultation with the Council, by notification in the
official Gazette, declare that a qualification or higher qualification granted
by an institution or authority of a foreign country shall, for such period and
subject to such conditions, if any, as may be specified in the notification, be
a recognised qualification or a recognised higher qualification for the
purposes of this Act.
14.
Certification of certain persons as possessed of recognized qualification.— (1) Where, upon an application made in
this behalf, the Council is satisfied that a person is, by reason of
qualifications granted by an institution outside Pakistan and of experience
gained in Pakistan, possessed of qualifications not inferior to a recognised
qualification, it may, with the approval of the Federal Government, certify
that such person possesses qualifications which entitle him to be regarded as
possessing a recognised qualification.
(2) A person in favour of
whom a certificate under sub-section (1) has been granted shall be deemed to
be possessed of a recognised qualification for the purposes of this Act.
15.
Effect of recognition. Notwithstanding
anything contained in any other law for the time being in force,---
(a) a person possessing a recognised qualification shall be
entitled to be enrolled in the register;
(b) a person possessing a recognised higher qualification shall
be entitled to have such qualification entered as a supplementary qualification
in the register; and
(c) no person shall, after the commencement of this Act, be
entitled,---
(i) to be enrolled in the register as a nurse, midwife, health
visitor, public health nurse or nursing auxiliary unless such person possesses
a recognised qualification; or
(ii) to have, any of his qualifications which
is not a recognised higher qualification entered as a supplementary
qualification in the register.
16.
Institutions to furnish information required by Council. Every institution or authority which
conducts any course of study or training for the purpose of preparing
candidates for any recognised qualification or recognised higher qualification,
or applies for the recognition of any qualifications granted by it, shall
furnish to the Council such information as it may, from time to time, require
relating to,---
(a) the courses of study and training;
(b) examinations conducted during such courses of study and
training;
(c) the ages at which admissions are allowed to such courses of
study and training; and
(d) any other matter generally pertinent to the requirements
for its recognition.
17.
Inspection of institution.—
(1) The Executive Committee may cause to be inspected by any person nominated
by it any institution or authority which conducts any course of study or
training for the purpose of preparing candidates for a recognised qualification
or a recognised higher qualification and to attend examinations held by
such institution or authority.
(2) The persons nominated under
sub-section (1) shall report to the Executive Committee on the suitability of
the institution or authority for the purposes of training and the adequacy of
training imparted therein.
(3) The Executive Committee
shall forward a copy of a report made under sub-section (2) to the institution
or authority concerned for making such observations thereon as it may think fit
to make within the period specified by the Committee.
(4) Upon the expiry of the
period specified under sub-section (3), the Executive Committee shall, together
with the observations, if any, made by any institution or authority submit the
report to the Council with such recommendations thereon as it may think fit to
make.
18.
Withdrawal of recognition.—(1)
Where, after considering a report submitted under sub-section (4) of section
17, the Council is of opinion,---
(a) that the course of study or training required to be
undergone for obtaining a recognised qualification or recognised higher
qualification, or conditions for admission to such courses of study or
training, or the standards of proficiency acquired by the candidates at the
examinations held by the Board, are not in conformity with, or fall short of
the standards required by, the regulations, or
(b) that an institution or authority recognised by the Council
for the training of nurses, midwives, health visitors or nursing auxiliaries
does not satisfy the prescribed requirements as to courses of study and
training for obtaining recognised qualifications or recognised higher
qualifications, the Council shall send a statement to that effect, together
with a copy of the report submitted by the Executive Committee, to the Federal
Government.
(2) Upon the receipt of a
statement under sub-section (1), the Federal Government shall forward it with
such remarks thereon as it may think fit to make to the institution or
authority concerned for submission within a specified period of such
explanation as the institution or authority may like to offer.
(3) Upon the expiry of the
period specified under sub-section (2), the Federal Government may, after
considering the explanation, if any, offered by any institution or authority,
direct the Council to take such steps as may be necessary to ensure compliance
by the institution or authority with the requirements of this Act and
regulations.
(4) Without prejudice to
any steps that may be taken by it under sub-section (3) with respect to an
institution or authority the Council may, by notification in the official
Gazette, declare that any qualification granted by such institution or
authority which is a recognised qualification or a recognised higher
qualification shall, if it is granted after a date specified in the
notification, cease to be recognised qualification or, as the case may be, a
recognised higher qualification.
(5) The Council may, by
notification in the official Gazette, declare that any qualification granted
outside Pakistan which is a recognised qualification or a recognised higher
qualification shall, if it is granted after a date specified in the
notification, ceased to be a recognised qualification or, as the case may be, a
recognised higher qualification.
19.
Maintenance of the register. The Council shall, for the purpose of registration of
nurses, midwives, health visitors and nursing auxiliaries possessing recognised
qualifications or recognised higher qualifications, maintain a register in
which shall be entered such particulars relating to the persons registerd as
may be prescribed.
20. Procedure
for registration.-(1)
Any person possessing a recognised qualification or recognised higher qualification
who is not disqualified for registration under section 22 may make an
application, accompanied by the prescribed fee, for registration of his name in
the register.
(2) The Council shall, if
it is satisfied that the applicant possesses a recognised qualification or
recognised higher qualification and is not disqualified for registration under
section 22, register the name of the applicant in the register.
(3) No application under
sub-section (1) shall be rejected except after giving the applicant an opportunity
of being heard.
21.
Removal of name from the register.— (1) The Council may, if it is satisfied that a person has,
after his registration, become disqualified for such registration, remove the
name of such person from the register and thereupon such person shall cease to
be so registered:
Provided that no name shall
be so removed except after giving the person affected an opportunity of being
heard.
(2) The Council may, at any
time for reason to be recorded in writing, restore in the register the name of
any person which has been removed therefrom under sub-section (1).
22.
Disqualification for registration. A person shall be disqualified for registration in the register if
he,---
(a) has been convicted of any offence under this Act or of any
other offence which in the opinion of the Council implies a defect of
character; or
(b) has, at
any enquiry held by the Council in which the person was given a reasonable
opportunity of being heard, been found guilty of such conduct as is considered
derogatory to his profession in accordance with the regulations made under
section 26.
23.
Prohibition of employment of unregistered nurses, etc. No hospital, asylum, infirmary, dispensary
or lying in hospital maintained or aided by the Federal Government or a
Provincial Government or a local authority shall employ therein any person as
nurse, midwife, health visitor or nursing auxiliary unless such person,---
(a) is registered in the register; or
(b) is a trainee at an institution recognised for the purpose
by the Council and is certified by the head of that institution to have already
received sufficient training to be able to perform his duties safely and satisfactorily.
24.
Penalty for certain offences.—(1) A person shall be punishable with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both, if,---
(a) he procures or attempts to procure the
registration of his name in the register, or abets the procurement of such
registration of any name by making or causing to be made in any manner
whatsoever any false or fraudulent statement, representation or declaration;
or
(b) he, not being registered in the register, represents that
he is so registered, or uses with his name any title or any word or letter
representing or calculated to represent that he is so registered; or
(c) he practices as a nurse, midwife, health visitor or nursing
auxiliary in contravention of any regulations made under section 26.
25.
Annual report.—(1) The
Council shall submit to the Federal Government, as soon as possible after the
end of every year, a report on the conduct of its affairs during that year.
(2) The Federal Government
may at any time require the Council to furnish it with,---
(a) a report on any subject with which the Council is
concerned;
(b) any return, statement, statistics or other information
regarding any matter under the control of the Council; or
(c) a copy of any document in the charge of the Council, and
the Council shall comply with every such requisition.
26.
Power to make regulations.—(1)
The Council may, with the previous sanction of the Federal Government, make
regulations for carrying out the purposes of this Act.
(2) In particular, and
without prejudice to the generality of the foregoing power, such regulations
may provide for,---
(a) the management of the property of the Council and the
maintenance and audit of its accounts;
(b) the manner in which the elections of the President,
Vice-President and members shall be conducted;
(c) the summoning and holding of the meetings of the Council or
of a Board, the conduct of business thereat and the number of members necessary
to constitute a quorum;
(d) prescribing the functions of the Executive Committee, the
summoning and holding of meetings thereof, the times and places at which such
meetings shall be held, and the number of members necessary to constitute a
quorum;
(e) prescribing the powers and duties of the President and the
Vice-President;
(f) prescribing the terms and conditions of service and the
powers and duties of the officers and servants of the Council;
(g) prescribing the standard courses of training for nurses,
midwives, health visitors and nursing auxiliaries, courses of training for teachers
of nurses, midwives, health visitors and nursing auxiliaries and courses of
training in nursing administration;
(h) prescribing the conditions for admission to courses of
training as aforesaid;
(i) prescribing the standards of examination and other
requirements to be satisfied for declaration of any qualification as recognised
qualification or recognised higher qualification;
(j) regulating the practice of nurses, midwives, health
visitors and nursing auxiliaries and for prohibiting persons not registered in
the register from so practicing;
(k) prescribing fees to be charged for registration or for any
other purpose of the Act;
(l) prescribing fees for recognition of any institution or
authority; and
(m) any other matter which is to be or may be prescribed.
27. [Repeal
and Saving.] Omitted by the Federal Laws. (Revision and Declaration) Ordinance,
1981 (XXVII of 1981). s. 3 and Sch., II.
THE SCHEDULE
[See section 2(f)]
RECOGNISED
QUALIFICATION
A. General
Nursing
Certificates or Diplomas in
Nursing, Midwifery and Health Visiting, Naids and Dais granted by a Provincial
Nursing Board.
B. Post-Graduate
Nursing
Post-graduate Certificates
or Diplomas in Nursing issued by an institution established and maintained by
the Federal Government or a Provincial Government.
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