Rules

Section 38 of the Maharashtra Nurses Act, 1966 deals with rules. The State 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. The Act was enacted on 22 Dec 1966.

(1) The State 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.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) under section 3, the preparation and publication of electoral rolls for elections under paragraphs (ii), (iii), (iv) and (vii) of clause (b) of sub-section (3) of section 3 and the time, place and manner of holding elections of the members, President and Vice-President ;

(b) under section 8, the manner of convening holding and conducting meetings of the Council ;

(c) under section 10, the other powers, duties and functions of the Council ;

(d) under section 11, the number of members of the Executive Committee, their term of office, manner of filling casual vacancies, procedure to be followed and other powers, duties and functions of that Committee ;

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(f) under section 13, the fees and allowances to be paid to the President, Vice-President, members and other persons ;

(g) under section 15, the salary, allowances and other conditions of service of the Registrar, and the manner of keeping accounts and supervisory powers and other duties and functions of the Registrar ;

(h) under section 16, the method of recruitment and other conditions of service of the staff of the Council ;

(i) under section 17, the form of Register, sections into which it shall be divided and particulars it shall include, courses of training and examinations entitling a person to registration, forms of application and of general and individual notices, manner of paying fee of two rupees and form of registration certificate ;

(j) under section 18, the form of application for temporary registration and of certificate of such registration;

²[(j-1) under section 18A, the form of application for reciprocal registration, fees therefor and form of certificate of reciprocal registration ;]

(k) under section 19, the form of List, sections (if any) into which it shall be divided and other particulars it shall include, forms of application and of general and individual notices, manner of paying fee of ³[one thousand rupees] and form of certificate of enlistment ;

(l) under section 21, the fee for recording change of name or recognised higher qualification in the Register or List or for issue of duplicate certificates of registration or enlistment ;

(m) under section 22, the form of List of registered and enlisted nurses, particulars to be included and manner of publication ;

(n) under section 23, the manner of holding inquiries and conditions and fee payable for reentering the name in the Register and List ;

(o) under section 24, the renewal fee for continuance of names on the Register or List, form of renewal slip and additional fee to be paid for failure to pay renewal, fee in time ;

(p) under section 27, the form of application for licence for nurses establishment, date before which, manner in which and fee with which such application may be made ;

(q) under section 32, the manner of hearing and determining appeals to the Council ;

(r) any reasonable fees which may be levied by the Council in addition to those expressly provided for in this Act ;

(s) any other matter which is to be or may be prescribed under this Act.

(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done of omitted to be done under that rule.

Section 38, The Maharashtra Nurses Act, 1966 (Act 40 of 1966).