Control of State Government

Section 40 of the Maharashtra Nurses Act, 1966 deals with control of State Government. If at any time it appears to the State Government that the Council of its President or Vice-President has failed to exercise, or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has ceased to function, or has become incapable of functioning, the State Govern The Act was enacted on 22 Dec 1966.

(1) If at any time it appears to the State Government that the Council of its President or Vice-President has failed to exercise, or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has ceased to function, or has become incapable of functioning, the State Government may, if it considers such failure, excess, abuse or incapacity to be of a serious character, notify the particulars thereof to the Council or the President or the Vice-President, as the case may be. If the Council or the President or the Vice-President fails to remedy such failure, excess, abuse or incapacity within such reasonable time as the State Government may fix in this behalf, the State Government may remove the President or the Vice-President or dissolve the Council, as the case may be, 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 such persons and for such period not exceeding two years, as it may think fit, and shall take steps to constitute, a new Council.

(2) Notwithstanding anything contained in this Act, or in the rules made thereunder, if at any time it appears to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the duties or functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such powers, duties or functions to be exercised or performed by such persons, in such manner and for such period not exceeding six months and subject to such conditions, as it may think fit.

¹[(3) Notwithstanding anything contained in this Act, if for any reasons the Council cannot be constituted after expiry of the term of Members including President and Vice-President as specified in sub-section (2) of section 4, or after expiry of period of extension granted under the first proviso to the said sub-section (2) of section 4, as the case may be, the Government may appoint an administrator or Board of administrators for exercising all the powers and performing duties and discharging the functions conferred and imposed upon the Council by or under this Act, initially for a period not exceeding one year and thereafter for such further period or periods so that total period shall not exceed two years in the aggregate.]

²[Provided that, if the Council cannot be constituted within the period of extension provided under this sub-section due to the outbreak of COVID-19 pandemic in the State, the State Government may extend the period of appointment of the administrator for a further period of one year but which shall not exceed three years in the aggregate.]

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