LatestLaws.

com

LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats

Hello Good People !

LaLas

LatestLaws.com
LatestLaws.com
 LatestLaws.com

Bengal Act X d 1934

T E E BENGAL NURSES ACT, 1934.
CONTENTS
Preliminary.

Scction.
I . Shon tillc. local ellent and cornnlcncerncnl.
2. Dclini~jons

Constitution of the Council.

Escablish~ncnrand incarporalion of \Ilc CounciI.

Cons~itu~ion o f thc Council.
Appointmtol of rncmbtrs in dcf;lul\ nf deciion.
Publica~ionor names of mcmbcrs.
Leavc r>f absencc lo membcrs.
Cessation or membership.
Filling nf casual vacancies.
Tcrm of office of members,

Business of thc Council and Commiltecs.

I I . Meetings or the Council and constilution of co~nmirtecs.

11. Paymen1 of lccs and ~ravcllingexpenses to mcmbcrs.

Establishment.

1 3 . Regislrar and office staff of the Council. , . .

Thc Registers of mgistered nurses, midwives and health visitors.

'
1 4. 01-dcrsby rlle Council for rnainlcnancc of rcgistcrs of rcgis~crednurres, midwives and healrh
visi~ors.
1 5. Maidlenance of the registers by Ihc Registrar.
16. Erasure o j names iron1 rcgisters on noticc or death.
17. Eraarc or fraudulen~and incorrect entries in rcgisters.
18. Persons cntilled to he regictered.
19. Admission LO register of persons lraioed in orher pads of His Majcs~y'sdominions, . .

10. Refusal of registration, rcmoval and reentry OF names. I.

2 1 . Appeal from order under scctio~~ 20.

22. Registra~ion under [his Act nor to qualiry for regismalion under rhe Bengal Mcdical
Act, 19 14. !
23. Institudons for training nurses, midwives and halth visitors lo bc recognised by Council.
24. Appeal agains~rcfusal LO rccognise lraining insriiurions.
25. Prohibition of'issue of ceriificarcs and e n r v of nnrnc5 trv unrecn!~nisrrl;ncrilrlr;nn-
 LatestLaws.com
LatestLaws.com

T l ~ BclrgaI
c N~rrsesAct. 1934.

[Ben. Act X or 1934.1

' 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.

30. Disposnl of Iccs.

AnnuaI list of names.

31. Pubticalion and use of annual list O F regislered nurses, midwives, and hcalth vjsi~ors, j
I

32. Rcgulntions by the Council.

Regulations and rules.
i
33. Rulcs by the Stale Government.

Miscelaneous.

34. Ccrtain pcrsons lo be public servants.

35. Proteclion to persons acling in good faith. . . . .
. .
36. OFFcnces rriable by a Prcsidency Magis~ateor o Magistrate of the firs[ class.
37. Cognizance of oifcnccs.
38. Acl not ro apply lo med~calpraclilioners.
 LatestLaws.com
LatestLaws.com

Bengal Act X of 1934

[THE BENGAL NURSES ACT, 1934.1'

Wcsl Ben. ACIXI11 of 1949.

Wcsr Ben. Act XXI of 1950.
Wcst Ben. Act XI1 of t 951.
Wcsl Ben. Act V of 1956.
. (a) nle Govcrnmen\ OF India
(Adapialion OF lndinn
Laws) Order, 1937.
(b) The Indian Indepcndcnce
(AdapLaiion of Bengal and
Punjab Acls) Order, 1948.
(c) The Adapmlion of Laws
Order, 1950.

[3rd May. 1934.1

An Acr to provide for rlre r-egis~rariotlarzd better irc%tli~~gof tlrrrses,
t~zidwivesand Irealrft visirors irr Bargal.
W H E R E it~ Sis expedient to provide for he rcgislrarion o f nurses,
midwives and hcalth visitors in Bcngal and lo securc their beltcr mining:
Awo ~VHERWSrhe prcvious sanclion of the Govcrnor Gencnl has bern
5 s: 6 Gco. oblained undcr section (3) of secrion 8OA airhe Govcrnmenl of India Act
. C 7. CGro.
bV k il: lorhcpassingofhisAc~;
1'. u. 37:
4& IOGco, It is hcreby enaclcd as follows:-
V.C. la].
Preliminary.
1. (1) This Act may be calIcd the Bcngal Nurses Act, 1934. Shon ~itlc
local erlenr
(2) 11exlends 10 [he whale of2[WenBcngal]. and
( 3 ) It shall come jnro force on such 'dare as thc '[Sla~cGovernment] c o r ~ ~ ~ ~ ~ ~
mcnt.
may, by no~ification,direcr.
2. In this Aci, unless here is anything rcpugnani in the subject or Dcfinilions.
context,--
(a) " h e Council" means lhc Council cslablished undcr seclion 3;

'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

(b) "no1ihci11iun"rneans n no~ificnrionpublishcd in lhc '(Ofliciol

Gn;cl~c];
(c) "prcscribcd" mcans prcscribcd by rules or regulalions mndc
under 111isAct: and
(d) , "regis~cr"mcans a regis~crmainlained under secrion 14, and
"rcgis~cred"means rcgis~crcdunder llv provisic~nsof this
Act.
Con~titutionof the Council.
EXII?Ii d -
Inurlr 2nd 3. ~ h e ! [ ~ ~ oav~c ren m c n tmay,
] by norilica~ion,es~ablisha Council,
1IicorI)ora- 10 bc called "The '[Wcsr Bcnial] Nuking Council" for rhc purposc or
tion or lhr. carrying out the provisions (ITthis Acr; and such Council shall bc a body
Council. corporate and have pcrpctual succession and a common scnl. and shall by
he said nnmc sue and be sucd.
4. Thc Council shall consisl o f the following 4[rwenty] members,
namely:- -
?(a) Tl~eDirector of Hcal~hServiccs, West Bengal
................ who will be President;
(b) thc Principal, Mcdical Collegc, Calcutra;
"(c) ~ h Superinlcndcnl
c olNursing Services, West
Bcngal;
(d) the PrincipaI. Carrnichael Mcdical Collegz,
Bclgachia;
(c) thc Surgeon-Supcrinrendenr, Prcsidcncy
Gcnernl Hospital, Calcutra;
(f) thc Lady Superintcndcnl of Nursing, Mcdical
College Hospitals, Calcurln;
(g) thc Supcrin~endznt, Duffcrin Hgspilal, Caluuua;
(h) the Nursing Supcrintzndenl, Duiierin Hospital, E,y-o!cio-
Calcutta:
(j) thc Matron, Przsidcncy General Hospi~al,
Calcutta;
(j) he Laqy Superintcndcnt of Nursing,
Sanlbhunath Pndit Hospilal, Calcutta;
'I] I ) ~ t l cSupcrin~enden~, Nilrilran Sircnr Mcdical
College Hospital, Calcut~a;
7(j2} the Nursing Superinrcndcnt, Nilratan Sircar
Medical Collcgc Hospiral, Cnlcutla;
'Ci3) rhc Matron, Bejoy Chand Hospital, Burdwan,
E.v-ofticio; -
'The words within squarc bnckcrs wcrc suhsritutcd far thc words "Cnlcrrtm Uu:rrir"
by qm. 4 1 ) oiihe Governmcnr of India (Adaplation or Indian Laws) Ordcr, 1937.
-Ste Cuul-no~eI on pagc 257. ntlfe.
'Ste rwr-nolt: 2 on pagc 2.57. nrlrc.
'Subsrirurcd Tor Ihe word "scvcntccn" by s. 2(a)orthcRengniN u s c s (Amcndmcn~)ACI,
1955 (Wehr Rcn. Acr V o i 1956).
- 'Clause (a) \V;UT substi~u~cd ror the original tIausc by s. ?(a) orrhe Rengd Nuscs (\Vcsl
BcngaI Arncndnicnr) Acl. 1949 (Wcsl Rm. Acr Xlll or 19119).
','rfic original dlausc (c) w a ornilrcd by s. 2(b) or rhc Bcngal ~ u r s r ; (\Vcsr Bcngal
Arntndmcnt) Acr: 1949 ( W w Ben. Acl Xtlt or 1949).and thcrcaCicr lhis clnusc (c) was
inscncd hy s. 2 of rhc Bcngal Nunus (WuiRengd Amcnd~licnr)Acr. 1951 (Wcst Ben. Acr
XII or 19511.
'Clausts Ijl), QZ) and Q3) wcrc inscrled by s. Z(h) or the Scngal h'urscq (Amendment)
Act. 1955 (Wwr Ben. Acl V of 19.56).
 LatestLaws.com
LatestLaws.com

Tlrc Butgnl Nrrrses A cr, 1934.

(I;) one person to bc clccted by [he 'I\Vcst Bcngal] Council of

Mcdical Registra~ionfrom among their own members;
(I) one pcrson LO bc clected by [he Governing Body of the Stale
Medical Faculty of '[West Bengal] [corn among rhcir own
members;
(m) one registered nursc, one registered midwifc and onc
rcgis~eredhealrh visitor to bc elecred by the regisrcrcd
nurses, midwiucs and health visitors, rcspcctively; and
(n) two persons to bc appointed by the =[Starc Govcmmcnt] of
whom at least one shall bc nppoinred lo represen1 instj~utions
7in West Bengal] for the ~ainingof nurses, midwivcs and
hcalth visitors:
Provided h a t . in the case o f the first constitu~iono f the Council under
this Act, one nursc, onc midwife and one hcalth visitor having such
prolessional qualifica~ionas Ihe ?[Stale Government] may deem suitable
shall be appnin~edin thc places of the registered nursc. midwife and heallh
visitor, rcspecrively,specified in clause (m) and any vacancy which may
c OF any member so appointed sllall similarly bc Lllcd by
occur in ~ h casc
[he ?[State Govcmmcn~lunless at least lwcnty-five nurses, midwivcs or
hcalth visitors, as the casc may be, stiall havc bcen registered:
"Provided funher that no pcrson shall be entitled to vote at the eleclion
of a pcrson to be a member of thc Council under cIausc (k), clause (1) or
clause (m) or to bc elected as such a mcmbcr unless he is-
(i) a cirizcn of India; and
(ii) resides, or carrics on his profession or is employed in W e s ~
Bcngal.
5. If any or thc bodies of clcctors referred LO in clauscs (k), (I) and Appoini-
. .
(rn) of section 4 docs not, by such date as may bc fixcd by thc ?[State ~ ~ ~ in: ~ ~ T S
Govcrnmenl]. clccl a pcrson to be a member of [he Council, the ?ISra[e dcrau~tor
Govcrnmen~]shall, by notificalion, appoint LO h e vacancy a pcrson clcclion-
qualified for election hcrcto; and any pcrson so appojnred shall bc dccmcd
to bc n member of the Council as if he had bcen duly elected by that body.
6. Thc name o f every me~nbcrappuin~edor clrcled under seclion 4 Publicali~n
or scc~ion5 shall bcpublished by rhe'[S~oteGovernrncn~]in thc5[0flcial
Guzcffe] .
7. The Council may permit any nlember lo abscnt himsclf from Leave of
abscncc lo
mceling of the Council for any period not exceeding six months. mcmbcs.

'See loor-n~te2 on pagc 157. nrrre.

'See fcat-nolc4 on p ~ g z257, ot~re.
'Thc rvords wilhin squvc bnckca K C ~ Cinsened by s , 2(c) orlhz Bengd Nuncs I\Vt.il I
BcnpaI h l c n d n ~ c n t Act.
) 1949 (\Vest Ben. Act XI11 or 1949). I
'This proviso was addcd by 5. ? orihr Bengal Nurses (West Bcngal An~cndlllcnl)Acl,
19.50(Wesr Bcn. Aci XXI of 1950).
5See1001-norc 1 on p a ~ e?5Ebaoic.
 LatestLaws.com

Tile Berlgol N~c'rrrsesAcr, 1934.

Pen. Act Xi

8. (1) An appointed or electcd niember of rhe Council shall bc

deemcd ro have vacarcd his sent-
(a) if he is abscnl wirhou~excuse sufficienr in rhe opinion OF the
Council f r ~ mthree consecurive mccr ings of the Council;
(b) if he is absenr oul of India for any period exceeding six
consecurive months.
(2) On thc occurrence of any vacancy referrcd to in sub-secrion (I),
[he PrcsidenioT~heCouncilshaIl f ~ r h w i t hreport the facr nCsuch vacancy
lo [he l[S [ate Govcrnmen\], who shall rhercupon, by nolification, declare
L ~ seal
C ro be vacant.

9. If any n~embcrdies or resigns his mcmhership or ceascs l o be a

n~embcras pfovided in sub-section (1) of seclion 8. h c vacancy shall be
Ellcd within one rnonlh of rhc no~ificalionof the vacancy by a fresh
nppoinrmenl or cleclion, as the care may' be, under secrion 4:
Providcd that if any such casual election i s not held within the said
period, or if at any such elcction no membcr is elcc~ed,thc '[State
Govcmment] shall, by no~ificalion,appoinl to the vacancy a pcrson
qualified for elccBon thercro:
Provided also rhal any pcrson appointed or eieclcd 10 fill a casual
vacancy shall hold officc only so long as the mcmher in whose placc the
appointment or clcction is made would havc held office.

10. (1) Subjcci LO the provisions of sub-section (I)of seclion 8, and

sec~ion9, ~ h term
c or office of rixmbcrs olhcr ~hane.r-oficio members
shall be hree years.
(2) Any membcr shall be cligible Tor re-appoin~mcnror re-election ar
he cnd of his term of office.
(3) Thcpowers of the Council may be excrcised no~wirhstandingany
vacancy in the numbcr ofiw members fixed by section 4.
Business of the Council and Committees.
11. ( I ) The Council shall makc regulations to rcgulale-
(a) [he modc oflransacrion of business, including provision for
decisions on emcrgcnt rnarrers by h e circulatjnn of papcrs l o
mcmbers, and for co-opdng persons specialIy quiilitied to
advise on any particular martcr beforc the Council;
(b) the times and places at which ils meelings shall bc held;
(c) the issuc oinoiiccs convcning such meetings;
(d) the conduct of business rhcreat; and
 LatestLaws.com
LatestLaws.com

(e) the consli~urionof comhirrces, the dclcgation ro such

c o m n i i ~ ~ coinny
cs powers or duries of \he Council under [his
ACLand thc procedure of rhc cornmiltees (including quorum)
in h e transaction of busincss:
Providcd rhat- ,

(i) no business shall bc tnnsacled at any mccting of [he Council

unless a quorum of eighr mcmbers be prtscnt; and
(ii) savc AS provided in scclion 20, all qucslions arising a1 any
n~eetingof [he Council shall be decided by !hc votes of I ~ C
majority of thc members prcscni and voring or in case OF an
cqualily of volts, by h e casring vole o f [he Prcsidcnl o r the
. Council or in his abscncc of llle membcr presiding a1 thc
meedng.
(2) Unlil such time as he rcgulations rcrcrred to in sub-scc~ion( I ) i
hnvc come into opcrarion. it shall be IawFul rot the Presidcn~of thc
Council to sutnmon a mcering at such lime and place as to him sccm
expcdicnr, by lelrer addrcssed to each member.

12. Therc shall he paid to rhernembersol~hcCouncil such Iccs. ifany. Paylncnr or

fccs and
for ntrendance a[ mcctings of thc Council or o f committees of he m,.clling
Council and such reasonable wavelling cxpenses Tor a ~ e n d i n gsuch exjxnscslo
mcrnhw.
mcc~ingsor for inspccring imtirutions as may from lime to rimc be
allowed by the Cwncil and approvcd by he ILSlalc Government].

Establishment.
. ,.

13. (1) With ~ h previous

c sanc~ionof the '[S~oteGovernmcnt], the Rcfi~Im
md officc
Council- s i i l l f or the
Council.
(a) shall appoint a Regislrar,
(b) may grant leave ro such Regislrar and appoinl a pcrson lo act
in his placc, and
(c) shall pay LO the Rcgiskar and lo the peson (if any) appointed
ro act in his place such salary or rcmuneration and such
allo~vances(if any) as ~ h Council
c may determine.
(2) The Council may appoint such other officers and such clcrks and
scrvanls as i[may considcr necessary for the purposes of this Acl. and shall
pay them such salary or rcmuneration and such allowances (if any) as he
Council may deleminc.
(3) The Rcgistrx shall act as Secretary and Treasurer to the Council.
 LatestLaws.com

[Bcn. Act X

The rcgisters of registered nurses, midwives and

health visitors.

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.

Ensurc o f 17. Any enuy in h e rcgisters, which is proved10 thcsadsfacdon of the

fnudulcnt
and incomcr Council to havc been fraudulently or incorec~lymade, may be crased
rn!ric5 in under an order of the Council.
~pisks.
 LatestLaws.com

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 .

19. On making an applicarion in h c prcscribcd rhm and on paying Admission I

lo regisrer of
such fee, not being greater than [he fee payable on o r d i n v applications pcrsons
Tor regislrarion under [his Act, as the Council may demand, any person trained in !
other p.u~s
shall be enlirted to be regislered under ttiis ACLrvho proves to [he 01His
satisfaction of ~ h Council
c [hat hc has been registered eilher as a nursc, a Majesly's
dominions.
midwircor a hcallh visitor in2[any par~ofIndiaoutsideWest Beneal orany
p,ut of His Majesty's dominions] in respect of which [he Council is
sa~isfied-
(a) thal there is in force Lhcrcin an enactment, or a provision of
any kind having thc forccoflaw, providing fur thc rcgislradon
of nurses, midwives and health v~sitorsunder some public
aulhority;
(b) [hat persons registered under this Act arc admitted IO [he
rcgisrcr cstablishcd under the said enactmen[ or provision on
terms no1 less favourablc than lhosc contained in this scction;
(c) tl~atthe slandard of training and exmination required for
admission to rhc rcgisler of nurses, midwives or heal111
visitors esrablished undcr thc said enactment or provision is
not lower lhnn Ihc slandard or training and examinarion
requircd undcr h i s Act:
Providcd that, notwirhslanding any regulation madc under clause ( c )
nf sub-scclion (1)'of scction 32, no fee shall be chargeable for rhe
registration under this seclion oTa nursc, midwife or heallh visitor whosc
'Set rwr-nole 2 on pagc 757, ntlre.
'Thc words within squarc bnckcrq wcre subsiiluled lor thc words 'kny pan of His
Majesty's don~inionsour~idcBcngal" by pan. 3 or, and Sch. X1 ro, thc Adaptation o l L w s
Ordcr. 1950.
 LatestLaws.com

The Bet~galMrrses Act, 1934.

namc has been rcgistercd in a '[Sta~e]in India between thc Govcrnrnenl of

which and the2[SlateGovernment] hep~inciple~frcciprocily
ofregisuation
has bccn acccpled.

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.

'Thc word "S!a~e+'rv&subs~i~u~ed

Corrhcword "h-om{incc"bypm. 4(1)ofrhc Adaptation
o i L?is Ordcr, 1950.
-See Icor-notc 4 cn pngr: 157, rrrrre.
 LatestLaws.com

The Bct~galNrrrses Acr. 1934. 265

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.

23. ( 1 ) Insrilu~ionsthat are approved and recognised by the Council hsriiaions

for training
after inspection by i ~ representative
s shall be compelcnl to [rain nurscs, ,
,,,,
midwives or hcalth visitors and to send them up Tor examinations for thc midwivcs
3nd hcallh
qualifying cenificates of ~ h Councjl.
c visirorr l o k
wcognised
(2) The Council may wilhdraw rccogniuon from any such insri rution by c~,,i~.
after ils inspeclion by a rcpresenialivc of the Council.

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

27. After lhc cxpintion or five ycxs from lhc commencement of

this Act no dispensary, hospital, infirmary or lying-in hospital which is
suppurled parlially or eniirely by public funds or local runds sllall
employ nny person as a nurse, midwife or hcal~hvisitor unlcss he is
regis~crcdunder 111isAcl or is undcr [raining in an inslitution rccognised
by the Council:
Provjdcd thar the '[Siaic Governen~lmay exrmpl for such period and
on such lcrrns as i t may fix any such dispensary, hospiral, infinnary or
lying-in hospital from [hc opcrotion of this section.
Penallies.
Psnalry for 28. Any person wh+-
dislioncsr
u\c o f (a) dishonestly makes usc of any ccriifica~eor rcgiskation
vcnificxc.. issucd under rhc provisions o f [his Act to him or to any
proc~~ring
rcgistr~tiun olhcr pcrson,
by Ialsc (b) procurcs or aitcmpts ro procure regislration under the
Incans, and
~~lsilica~ion provisions of this Acl by making or producing or causing to
uT rzgisrcr or be made or produced any false or Iraudulen~dcclmation,
ccnificalc.
c e r ~ i f i c a t eor representation, whcther i n w i r i n g or
orhcnvise, or
(c) wilfully n~akcsor causes 10 bc made any ralsihcation in thc
regislcrs mainlaidcd or [he certificates issucd under !he
provisions OF this Acr, or
(d) being Ihe Sccretary, Manager or olhcr officer of a hospiral,
school or other similar institution issues, nr authoriscs the
issuc of, a certificate to any person or entcrs, or aulhoriscs
thc cntry of, rhc name of such person in conlraven~ionor
seclian 25,
shall be punishcd with Fine which may extend LO three hundrcd rupees.
Pznalry lor 29. Any pcrson who, no1 being a nursc, midwifc or heatlh visirar
unlawrul
assurnprio~i registered under lhis Acr, assurncs or uses thc name or litlc of registered
oftiilc o i nurse, registered midwife, or registcrcd health visitor, or uscs any name,
rtgis1cn.d
rlunc. tide, addition, description, or sign-board, implying that such pcrson is
regisrcrtd a regis~ercdnurse, a rcgis~eredmidwire, or a rcgis~eredhealth visi~or,as
ri~id\vifcor
rcgisrcrcd thc case may be, sliall bc punislied with Fine not exceeding one huodred
11~31th mpccs in the case of a firs1 offence, and with tinc nor exceeding Lhrcc
risiror.
hundrcd rupees in the case ofn second or any subsequcnt orfence.
Disposal offees.
30. All fccs and othcr moneys rcccived by lhc Council undcr [his Act
shall be applicd for the purposes of this Acr in such manner as may be
prcscri bed.

'See foot-now 4 on pagc 257,uure.

 LatestLaws.com

Annual list of names.

31. (1) The Registrqshall, in cvery ycar, on or k l o r e a dale ro bc Publicalion

and usc o f
fixed in this behalf by the Council, cause !o be printcd and publishcd annud [is[ or
correct ljsls of the names for the rimc being entcrcd in rhc scvcral parts of regiswrcd
nursu.
thc regis~zrsof rcgis~ercdnurses, midwives and healrh visitors, seuing niidwivrs
forth- and hcalth
visitos.
(a) all namcs enrered in the scvcral parts of the respccLive
registers, arranged in alphabetical ordcr according ro
surnames;
(b) [he regislcrcd address or appointment of coch person whose
name is so cnrcrcd in the registers; and
(c) the rcgislered qualification of each such person and the dale
on which such qualilicarion was certified.
(2) Every Courl shalI presume [hat any pcrson whosc name is
enrercd in the latcsl of such Iists is duly rcgislercd under (his Act, and
that any person whose name is nol so enlcred is nor rcgislered under this
Act:
Provided thal. in the casc of any pcrson whose name docs not
appear in such printed lists, a cerrificd copy. signed by Ihc Regisvar, or
thc cntry of Ihc name of such person in a regisler of nurses. midwives or
heallh visi~ors.shall be evidcnce ha1 such person is registered under [his
Ac 1:
Provided also thar acerlificate purponing robe signed by chc Rcgislrar
staring that he name of a pcrson bomc on the primed register olnurses.
midwives or hcalth visilors, as the case may bc, has been rcmaved from
such rcgister and specifying rheda~eof such removal sha1I bc cvidencz that
such pcrson is nor regisrered under this Act and orlhe date from which he
ceased ro he so rcgislered.

Regulations and rules.

32. ( 1 ) In addition to d ~ cpower conferred by seclion I 1. {he Council Kegulations

may, with [he previous sanction of the '[Sralc Governmcn~],make
regulauons-
kc,,,
(a) for regulating h e courses of uaining for nurses, midwives
and health visirors, h e recoghition of institulions competent
lo underlake such irgning, the conducl of cxamina~ionsof
trained nurses, midwives and health visitors and thc
remunera~ion,if any, of examiners;

'Seefool-no~c4 on page 257. ante

 LatestLaws.com

[Bcn. Act X

, . . ,, . .
(b) for regularing the issue o r cenificaes, thc mnjntenance of \.:
. ...
. '., .

rcgisters and thc conditions and rcslrictions of admission

kcreto under scction 18 and for prcscribing thc form of
application for such admission;
(c) for prcscribing rhc fees for ndmission to examinalion, for
regismalion and Tor the re-enuy of names crased or removed
from [he rcgisters;
(d) ior regulating the publicaiion of [he lists olregistcrcd nurses,
midwives and hcalrh visitors;
(e) for regulaling thc paymcnt of Fees and lravelling cxpenses to
nlernbcrs under scction 12;
( f ) for regulating rhe expcndirure of the Council and providing
tor the audir of their accounts.
(2) All such regulations shall bc published in rhe [OficialGozerte].
by Ihc 33. (1) The ?[State Government] may make rules to carry out the
Srntr:
Gorcm~llent. purposes 0f'his Act.
(2) In particular, and without prejudice lo rhc generality o r the
foregoing powci, the ? [ ~ r a ~ e ' ~ o v e r n m cmay
n t ] make rules-
(a) to regulate elections under clauses (k), (1) and (m) of
section 4 and to ensure h a t the term of office ololl members
eleclcd at the first constilurion or any rc-constitution or the
CounciI should begin on the same date;
(b) lo prescribe the qualifications of candidates for cmploymenl
as Regismar;
(c) to prescribe the form af the rcgisters or rcgis~crednurses,
midwives and hcallh visitors to be maintained undcr
secrion 14;
(d) to regulate, supervise and rcstrict within due limits rhc
praclicc of registered nurses, midwives and health visilors;
(e) to rcgulare the procedure to bc followed by the Council-
(i) in conducring an inquiry rercmcd to in Ihe proviso lo
section 20;
(ii) in making n re-enlry in the regislcrs ofnurses, midwives
and healrh visilors o r the namcs of persons removed
from thc rcspecdve rcgisrers and in withdrawing an
ordcr of rcfusal of regis~ra~ion passcd on a nursc,
midwife or hcallh visilor; and

'Scr roal.nore 1 on page 2558. anle.

:Scr roo[-nolc 4 on page 37.date.
 LatestLaws.com

T f ~Bellgal
e N~rrsesAcr, 1934.

(iii) in disposingofappcals from thedecisionsofthc Council

prcfcrred under sections 2 1 and 24;
(0 ro regulare the inspection of, and the nlanncr of kecping
registers of, instilulions referred to in section 23;
(g) to prescribe h e powers and dudes OF, and thc conditions and
reslicrions of general supervision by [he Supervising Boards
and Civil Surgeons under secrion 26; and
(h) ro regulac the appIicaiion of fces levied under this Acr and of
orhcr moneys received by the Council for the purposes oithis
Act.
(3) AIL such rules shall bc published in rhc '[OficialGazerre].

Miscellaneous.

34. Every pcrson appoin~edunder sub-scction (1 ) or sub-seclion (2) Ccdin

of scction 13 shall be decmed lo bc a public servant within h e meaning of E'$yir
Acr XLVof scclion 21 of rhe Indian Penal Codc. WN~LS.
1860.

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.

36. No Magismtc other than a Presidency Magistrate or a Magisrrale OKcncu

lriablc by a
of rhc first class shall try any offence punishable undcr [his Acr. Presidency
Magistme
or 3
. Magisinre
01the Erst
clnss.

37. No'Magisrnre sha[l lake cognizance of any olfence punishable Cognivvlcc

of offences.
under [his Act exccpt upon complaint made by order o l [he =[Slale
Government], or upon complaint made. wilh h c previous sanction of the
'[Stale Govcrnrnenl] by the Council.

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. .