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Scction.
I . Shon tillc. local ellent and cornnlcncerncnl.
2. Dclini~jons
Establishment.
T l ~ BclrgaI
c N~rrsesAct. 1934.
' Secriy.
2 6 . " ~ u ~ e r v i s iBoard.
n~
27. Disitbili~icsor unregislered persons.
Penal ties.
-
28. Pcnnlly lor dishones[ use of cerlificate, procuring regisrralion by false means and falsification
or rcgiskr or ccnificare.
29. Penally for unlawful assumption of ri tle of regislered nurse, regislercd midwife or registered
healrh visitor. . -
Disposal of fees.
31. Pubticalion and use of annual list O F regislered nurses, midwives, and hcalth vjsi~ors, j
I
Miscelaneous.
'For Sratcmcni or Ohjcc& and Reasons, see lhc Crrlrl~rwGaz~Ireor 1933. PI- IV.
p g c I,75;and COT Repon olthc Slrcr Ccmminfe,see &id, 1933, Pi. IV, page 119; md Tor
Pmcecdings in Council. see thc Plocccdings of Ihc Bengd Lcgisl~tivcCouncil, Vol XLII,
NO.,^, psgc 59and ilrid, Vol. XLIII. No. I , page 94 mdibid, No, 4, page 327.
-The words within squrrrr bmcke~swere substituted forthc word "Bcngal" by Art. 3(2)
oithe Indiw Indcprndencc ( A h p l a ~ o nof Ben@ and Punjab ACE) Order. 1948.
'This Acr cameinlo rorceon h c 13rhFcbru;uy, 1936-vrde No~ificntionNo.511 Mcdl,.
daled ~ h c8th February, 1936,pubtishcd in rhc Culc~rrrnGu:erre, da~cdthe 13th Fcbmuy,
1936, PI. 1. page 348,
'Th words "Provincial G~vrrnrncnl"wenl originnlly 5ub~lituIcdfor rhc words "local
Govern~nenl"by p m . 4( 1 ) oIrhcGovernmcnr oilndia (Adnp~alimof Indian Laws) Ordcr,
1937, and thcrcaftrrtheword"Srarc" rva subsriturcd Forrhe word "Provincial" by para4(1)
or lhc A d q ~ l i o nof Laws Onicr, 1950.
LatestLaws.com
LatestLaws.com
[Ben. Act
Pen. Act Xi
Establishment.
. ,.
[Bcn. Act X
Ordcrs by 14. ( 1 ) Thc Council shall, as soon as convcnienrly may be aitcr the
~ h cCouncil
for commencement arthis Acl and from lime ID time as occasion may require,
~llain~mmcc make ordct-s for rcgulaung the mainlenance of a regisrer of regisrcrcd
orrcgistr.n:
ol rcgisrcrcd nurses. arcgister of regisrcrcd midwives, and a register of registered hcalrh
IIUfiL15. visi~orsi n seven1 parls in which the persons to bc registcrcd shall bc
~nidrvivcs
?,! hc;inh classified according to qualifica~ions.
J'ISI~O~.
(2) The said registers shall bc kept in such form as may bc prescdbcd.
Ma'n1mancc 15, ( 1 ) The Rcgistrar shall kecp the regislers in accordance wirh
or rhc
rcgislcrs by tllc provisions of this Act and o f any orders made by the Council, and
~hr shaIl, from rime to ~irnc,make all neccss,uy allcradons in the regislcrcd
Rcgis~mr.
nddresscs or appointments and in the classihcauon, of thc registercd
nurses, n~idwivesand health visitors and erase [he namc or any such nurse,
midwife or healrl~visitor who is dead.
(2) To cnable h c Regislrar lo fullil the duties imposcd upon him by
sub-seclion ( 1 ) he may send rhrough ~ h l :posl a Ituer ro any pcrsan
registered as a nurse, a nudwiie or a health visiror addtcsssed to him
accordins lo his registered addrcss or appoinlmtnt, to jnqujrc whether hc
has ccased ro practise or whether his residence or nppointmcnt has been
changcd; and if no answer to any such letter is received wilhin a pc~iodof
six months from irs despatch, the Regisuar may erasc the name of such
person from the rcgister in which ir is entercd:
hnvided that any name erascd undur this sub-section may be rc-
enlcrcd in [he rcgister under the direclion of the Council.
Ensun: o f 16. (1) Every Regisrrar ofDcalhs who receives noiice of rhc dearh of
nwirs horn
rcgi31eE on any p c r ~ o w
n h o s narnchc
~ knows to be entcrcd in one of the registers, shall
dca~h.
Or
fonhrvith transmit by posr lo the Rcgistrar or the Council a cerlificate of
such dcath signcd by him and staling parriculars of rhc time and placc OF
dcath.
(2) On reccipt oi-
(a) any such certificarc, or
(b) any other reliable informalion regarding such dealh,
the Rcgis~rarof the Council shall erase thc name of the deccascd person
from the regislcr in which i~ is enlcred.
The B e ~ r ~ Nrrrse.7
ul Acr, 1934.
, .
.. .
18. The following persoms shall, on payment of such lccs as may bc Pcsnns
'- cntillcd to hc
prcscribed, be enlitled 10 regisrration under lhis Acr, nnmc1y:- rcgis~crcd.
(a) nurses,midwives and health visi~orswho have undergone the
courscs OF [raining, have passed the examjnarions and full7 l
such rurrhcr conditions ns may he prcscribed;
(b) nurscs, midwivcs and hcal~hvisilors who are already in
praclice at the c ~ n m e n c c m c nafthis
l Act and arc not cntillcd
lo rcgislralion undcr clause (a), sub~ectto such condi~ions
and restrictions as may be prescribed:
Provided that nurses and midwives who a1 the commcncemcnl of h i s
Act are enrolled on the registers n~ainlainedby thc Statc Mcdicnl Facully
of '[West Bengal] sliall be entitled 10 have llieir names ~ransfemed
according to their qualifications ro [he appropriate park of 11ierespeclive
registers lo be nlaintaind under this Acl without being required to undergo
Further [raining and cxaminalion and without being required LO pay k e s .
Keruhal or 20. ( I ) The Council may rcfuse l o pcrmic rhe rcgisrntion ol any
rcgirtmtion.
~vmoealand person as a nurse. midwife nr hcalrh visitor and when hc is rcgisrcrcd as a
rcenlry or nurse, midwife or hcalth visiror may direcr rhe temporq or final rcmovat
n.vllcs
OF his name f r ~ mthe rtgister OF nurses, midwives or heaI~hvisitors on
any of the following grounds:-
(a) rhal hc has been scn tenced by any Court for an] non-bailable
offence, rhc senrcnce not having bccn subsequenlly reverscd
or q~~xd-~cd. and his disqualificnrion on account of sucli
sentence not having been removed by an order which the
'[Siatc Govcrnrncn~]is hereby empowered 10 makc, if il
Ihinks fir, in this behalc
(b) thar hc has bccn guilry of any ofFence which in theopinion of
thecouncil indicates professional incompetence, negligence,
or contravcn tion of rcgula~ionvrdinaril y included in the
performance or the duties of nurses, midwives or heaIth
vjsilors;
(c) that thcrc an:dekcls in his chmctcr which in the opinion of
the Council would render the enby or rctenlion of his nalnc
on thc register undesirable:
Provided that no acrion shall bcrakcn by lhe Council undw this section
unril alrcr due inquiry (at which the pcrson concerned has becn givcn an
opportuniry to bc heard in his dercnce and ro appear e h c r in pcrson or by
counseI, ~~url'ii,pleader or atlorney, and which at the discrclion of the
Presidcnr of the Coundl may be hlcd irl ca)~rern) hc has bccn found, by a
niajoriry of two-lhirds of the members prescnt and voting at thc meering,
to havebeca senrcnced for any non-ballable offencc specified in clausc[a)
or to havc been guilry of an offence, or to have defects in his characrcr, of
the naiurc specified in clause (b) or clause (c).
(2) Any name so removedmay afterwards bc re-entered in the rcgister
and any ordcr oircfusal uF registation passed under sub-scc~ion( I ) may
be withdrawn under rhc dircclion of rhc Council given by a majority of
two-lh~rdsof lhc members presenl and voting at the mccling.
Apjxal Imm 21. Any person aggrieved by an order of the Council made under
ordcr undcr
,cctlun 511, scction IIU may, wirhin lhrse months from h e date on whlch rloucc of such
order is given to him. appcal 10 ~ h e ~ [ SGovernment)
~a~e against such ordcr;
and thc decision of the '[Statc Governmcru] on such appcal shall be final.
22. The ccrliiicate of rcgistration under [his Act shall no1 confer u p w Regisrnlion
undcr (his
any pcrson any righl or riile 10 be regislcred undcr the Bcngnl Medical
"'
Ben. AEI VI
l4 Act, 1914. or Lo assumc any litle, nilme or dcsignalion implying lhnr hc i s
Acl lo
su?iry far
rcgsmllon
by law recognisedas a mcdical practitioner. or that he is authorised lo grant ,d, ,h,
any medical ccnificale, or any certificale of dcath or srill-birch, or to acnsal
Mcdical Acr.
undertake the charge of cases of abnormali ty or discase in connection with 1914,
pnrrurition.
24. Any prsan aggriercd by the refusal of thc Council to approve and
recognise any insthution as cornpeten1 to train nurscs, midwivcs or health
tg%;l
KhsJ~,~o
visitors, may, within lhree months from Ihc dare of such refusal. appeal to ECognlse
[mining
the '[Srare Governmenil againsl such order of refusal. -Thedecision or the in5,i,u,ionsq
ICState Govcmrnen~]on such appeal shall bc linal.
25. NOhospital, school or other similar institution which has not been Prohibition
approved or rccogniscd under sub-seclion (1) of secuon 23 shall issue lo ~~~~3~~
any person a ccrtifica~cor enler Lhc name of any person on a list, rcgisler and rMry of
or olhcr dacurnenl purporting lo show that such person is qualified by
having passed any examinarion or undcrgone any course or rnining lo
:Zsid
inniolions.
prac~iseas a nurse, midwile or hcalrh visitor unless such person has been
registered under this Acr.
26. (1) The '[Slate Governmcnt] may by nodficaljon appoin t in cvcry su~misins
Aoud.
districl a Supcrvising Board consisling of such membcrs as rnay bc
specified [herein ro exercisc subjecl ~oprescrilxdconditions andresrricuons
general supervision over nurses, midwives and health visi~orswithin such
Jistricl and to exctcise and pcrfom such other powers and duties as may
be prescribed.
(2) Until a Supcrvising Board is appointed under sub-scaion (1) rhc
Civil S ~ r g c o nof thedistricr ioconsul~alionwith [hc local au~horiliesshall,
subjcct to prescribed condilions and reslriclions, exercisc general
supervision over nurscs, midwives and hcalth vkirors, wilhin the districl
and exercise and pcrforrn such olhcr powers and dub as may be
prescribed.
-
]See rmool-nott 4 on page 257. nrrrc.
LatestLaws.com
A cr, 1934.
The B e ~ ~ gN~rr~-ex
nl
[Bcn. Act X
[Bcn. Act X
, . . ,, . .
(b) for regularing the issue o r cenificaes, thc mnjntenance of \.:
. ...
. '., .
T f ~Bellgal
e N~rrsesAcr, 1934.
Miscellaneous.
35. N o suil or ather legal proceeding shall lic againsr any person for Pro~rclionro
I
.
peaons
anything done or intcnded LO bc done in good faifh under this Acl. acting in II
goad I-ai\h.
38. Nothing in this Acl shall apply to medical pncritioners possessing ACI nor 10
B e n Act V I
or I'IIJ.
qualifications entitling them to regiruatian under \he Bcngal Medical :g;;
Acl, 1914. pmct~croners. .