THE PAKISTAN NURSING
COUNCIL ACT, 1973
(XXVI OF 1973)
[9th February, 1973]
An
Act
to amend and consolidate
the laws relating to registration 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 Pakistan.
(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)
"Recognized higher qualifications'' means a
qualification granted by an institution established and maintained by the
Federal Governments which is declared to be a recognized higher qualification
for the purposes of this Act, and includes a qualification which was,
immediately before the commencement of this Act, recognized higher
qualification under the Pakistan Nursing Council Act, 1952 (LIX of 1952) ;
f)
"Recognized qualification" means a
qualification granted by a Board which is declared to be a recognized
qualification for the purposes of this Act and includesi) a qualification
specified in the schedule; and ii) a qualification which was, immediately
before the commencement of this act, a recognized 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 Pakistan;
b)
The Chief Administrative Officer, by whatever name
called, of the Health Services of each Provincial Government;
c)
The Chief Nursing Administrative Officer, by whatever
name called, of the Federal
Government;
d)
The Chief Nursing Administrator, 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 Board;
g)
One nurse-midwife from each Province, to be elected by
the Provincial Board;
h)
Three members elected by the Pakistan Nurses Federation
from amongst its members, one of whom is a nurse, one a nurse-midwife, and one
a health
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 nursing instructor of an institution
maintained by the Government.
(3)
The Council established under subsection (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.
Terms of
office of members.— (1) Subject to the provisions of this section, an
elected or nominated member shall hold office for a term of 3 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
re election 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 grounds of existence of any vacancy in, or any
defect in the constitution of, the Council.
7.
Meetings of
the 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 meeting 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 among its members a President and a
Vice-President
(2)
The President or the 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 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 the officers and servants.
11.
Provincial
nursing examination board.— (1) The Provincial Government shall constitute
a Provincial Nursing Examination Board consisting of such persons as the
Provincial Governments may, in consultation with the Federal Government
appoint.
(2)
The functions of Boards 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 desiring to obtain such qualifications.
(3)
A Board shall conduct its proceedings in such manner as
may be prescribed.
12.
Recognition
of institutions or authority conducting training.— (1) Any institution or
authority which conducts any courses of study of training in general nursing,
midwifery, health visiting, public health nursing, auxiliary nursing or nursing
aide (Naid) may apply to the Council for recognition.
(2)
The Council may, if it is satisfied after such inquiry
as it may think fit to make that the institution or authority making an
application under sub-section (1) fulfills 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 or 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 authorized to maintain, a register of
nurses, midwives, or health visitors.
(2)
The Council may, in pursuance of any scheme of
reciprocity settled under subsection (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, only when granted after the date specified in the notification,
shall be a recognized qualification or a recognized higher qualification for
the purposes of this Act.
(3)
Notwithstanding that a scheme of reciprocity has not
been settled under subsection (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 modification, be a recognized qualification or
a recognized 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
recognized 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 recognized qualification.
(2)
A person in favor of whom a certificate under
sub-section (1) has been granted shall be deemed to be possessed of a recognized
qualification for the purposes of this Act.
15.
Effect of
recognition.— (1) Notwithstanding anything contained in any other law for
the time being in force.
a)
a person possessing a recognized qualification shall be
entitled to be enrolled in the register,
b)
a person possessing a recognized 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 recognized qualification; or
ii)
to have any of his qualifications which is not a
recognized higher qualification entered as a supplementary qualification in the
register.
16.
Institutions
to furnish information required by council.— (1) Every institution or
authority which conducts any course of study or training for the purpose of
preparing candidates for any recognized qualification or recognized 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 course 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 course
of study or training for the purpose of preparing candidates for a recognized
qualification or a recognized 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 courses of study or training required to be
undergone for obtaining a recognized qualification or recognized 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 recognized 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 recognized qualifications or recognized 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 the 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 recognized qualification or
a recognized higher qualification shall, if it is granted after a date
specified in the notification, cease to be a recognized qualification or, as
the case may be, a recognized higher qualification.
(5)
The Council may, by notification in the official
Gazette, declare that any qualification granted outside Pakistan which is a
recognized qualification or a recognized higher qualification shall, if it is
granted after a date specified in the notification, cease to be a recognized
qualification or, as the case may be, a recognized higher qualification.
19.
Maintenance
of the register.— The Council shall, for the purpose of registration of
nurses, midwives, health visitors and nursing auxiliaries possessing recognized
qualifications or recognized higher qualifications, maintain a register in
which shall be entered such particulars relating to the persons registered as
may be prescribed.
20.
Procedure
for registration.— (1) Any person possessing a recognized qualification or
recognized 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 recognized qualification or recognized 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 reasons 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.— (1) 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 inquiry 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 regulations derogatory to his profession in
accordance with the regulations made under section 26.
23.
Prohibition
of employment of unregistered nurses, etc.— (1) 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 recognized 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 offenses.— (1) A person shall be punishable with imprisonment of
either description for a term which may extend to 6 months, or with a fine
which may extend to one thousand rupees, or with both,
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 recognized
qualification or recognized 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.— (1) The Pakistan Nursing Council Act, 1952 (IIX of 1952),
hereinafter referred to as the said Act, and the West Pakistan Nursing Services
Ordinance, 1959 (W.P. Ordinance No. L of 1959) are hereby repealed.
(2)
Notwithstanding the repeal of the said Act and without
prejudice to section 24 of the
General Clauses Act, 1987 (X of
1987) ;
a)
the Pakistan Nursing Council constituted under the said
Act and functioning immediately before the commencement of this Act shall,
until the establishment of the Council under this Act, discharge the functions
of and be deemed to be, the
Council established under this
Act;
b)
any scheme of reciprocity settled under the said Act
and subsisting immediately before the commencement of this Act shall continue
in force and be deemed to be
a scheme of reciprocity settled
under this Act;
c)
any register of nurses, midwives, health visitors and
nursing auxiliaries which was maintained immediately before the commencement of
this Act under the said Act and the persons registered in such register shall
be deemed to be the register maintained and persons registered therein under
this Act;
d)
any qualification entered as a supplementary
qualification in any register under the said Act shall be deemed to be the
supplementary qualification entered in the register under this Act,
notwithstanding that such qualification is not a recognized higher
qualification;
e)
any regulation or bye-law made under the said Act and
in force immediately before the commencement of this Act shall be deemed to be
and continue in force as, a regulation made under this Act;
f)
any officer or other employee of the Pakistan Nursing
Council appointed under the said Act shall be deemed to be an officer or
employee appointed by the Council under this Act;
g)
all assets, rights, powers, authorities and privileges
and all property, movable and immovable, and all interest therein and all
debts, liabilities and obligations of the Pakistan Nursing Council constituted
under the said Act and subsisting immediately before the commencement of this
Act shall stand transferred to and be deemed to be assets, rights, powers,
authorities, privilege, property and interest of the Council established under
this Act; and
h)
anything done or any action taken or any proceeding
commenced under any of the provisions of the said Act shall continue in force
and be deemed to have been done, taken or commenced under the corresponding
provision of this Act.
(3)
All assets, rights, powers, authorities and privileges
and all property, movable or immovable, and all interests therein and all
debts, liabilities and obligation of the Nursing Services Council of West
Pakistan constituted under the West Pakistan Nursing Services Ordinance, 1959
(W.P. Ordinance, No. L of 1959) and subsisting immediately before the
commencement of this Act shall stand transferred to and be deemed to be the
assets, rights, powers, authorities, privileges, of Baluchistan, the North-West
Frontier, the Punjab and Sindh to such extent and in such manner as the Federal
Government may direct.
THE SCHEDULE
[see
section 2(f)] RECOGNIZED QUALIFICATION A.
General Nursing
Certificate
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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