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  "title": "PAKISTAN NURSING COUNCIL ACT, 1973",
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  "text": "THE PAKISTAN NURSING COUNCIL ACT, 1973 \r\n(XXVI of 1973) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of the council \r\n4. Terms of office of members \r\n5. Casual vacancies \r\n6. Vacancy, etc., not to invalidate proceedings \r\n7. Meetings of the council \r\n8. President and vice-president \r\n9. Executive committee \r\n10. Officers and servants of the council \r\n11. Provincial nursing examination board \r\n12. Recognition of institutions or authority conducting training \r\n13. Reciprocal recognition of qualification \r\n14. Certification of certain persons as possessed of recognized qualification \r\n15. Effect of recognition \r\n16. Institutions to furnish information required by council \r\n17. Inspection of institution \r\n18. Withdrawal of recognition \r\n19. Maintenance of the register \r\n20. Procedure for registration \r\n21. Removal of name from the register \r\n22. Disqualification for registration \r\n23. Prohibition of employment of unregistered nurses, etc \r\n24. Penalty for certain offenses \r\n25. Annual report \r\n26. Power to make regulations \r\n27. Repeal and saving \r\nSCHEDULE \r\n \r\n \r\nTEXT \r\nTHE PAKISTAN NURSING COUNCIL ACT, 1973 \r\n(XXVI of 1973) \r\n[9th February, 1973] \r\nAn \r\nAct \r\nto amend and consolidate the laws relating to registration and training of nurses, \r\nmidwives and health visitors. \r\nWHEREAS it is expedient to amend and consolidate the laws relating to \r\nregistration and  training of nurses, midwives and health visitors and to provide for \r\nmatters ancillary thereto; \r\nIt is hereby enacted as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPakistan Nursing Council Act, 1973. (2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugna nt in the subject or \r\ncontext– \r\na) \"Board\" means a Provincial Nursing Examination Board constituted \r\nunder section 11; \r\nb) \"Council\" means the Pakistan Nursing Council established under \r\nsection 3; \r\nc) \"Member\" means a member of the Council; \r\nd) \"Prescribed\" means prescribed by regulations made under section 26; \r\ne) \"Recognized higher qualifications'' means a qualification granted by an \r\ninstitution established and maintained by the Federal Governments \r\nwhich is declared to be a recognized higher qualification for the \r\npurposes of t his Act, and includes a qualification which was, \r\nimmediately before the commencement of this Act, recognized higher \r\nqualification under the Pakistan Nursing Council Act, 1952 (LIX of \r\n1952); \r\nf) \"Recognized qualification\" means a qualification granted by a Boar d \r\nwhich is declared to be a recognized qualification for the purposes of \r\nthis Act and includes– \r\ni) a qualification specified in the schedule; and \r\nii) a qualification which was, immediately before the \r\ncommencement of this act, a recognized qualification under the \r\nPakistan Nursing Council Act, 1952 (LIX of 1952); \r\ng) \"Register\" means the register of nurses, midwives, health visitors and \r\nnursing auxiliaries maintained under section 19; \r\n3. Establishment of the council .– (1) The Federal Government shall, as soon \r\nas may be, establish a Council to be called the Pakistan Nursing Council, which shall \r\nconsist of the following members, namely: \r\nEx-Officio Members \r\na) The Director General Health, Government of Pakistan; \r\nb) The Chief Administrative Officer, by whatever name called, of the \r\nHealth Services of each Provincial Government; \r\nc) The Chief Nursing Administrative Officer, by whatever name called, of \r\nthe Federal Government; \r\nd) The Chief Nursing Administrator, by whatever name called, of the \r\nArmed Forces Nursing Service, \r\ne) The Superintendent of N ursing Services of each Provincial \r\nGovernment or, if there is no such Superintendent in a Province;, the \r\nperson holding the corresponding office. \r\nOther Members \r\nf) One nurse from each Province, to be elected by the Provincial Board; \r\ng) One nurse-midwife from each Province, to be elected by the Provincial \r\nBoard; \r\nh) Three members elected by the Pakistan Nurses Federation from \r\namongst its members, one of whom is a nurse, one a nurse -midwife, \r\nand one a health; \r\ni) One member elected by the Medical and Dental Council from amo ngst \r\nits members; \r\nj) Two members to be elected by the National Assembly from amongst its \r\nmembers; \r\nk) One lady member of each Provincial Assembly to be elected by the \r\nProvincial Assembly from amongst its members; \r\nl) One health visitor from each Province, to be elect ed by the Provincial \r\nBoard; \r\nm) Two members nominated by the Federal Government, of whom– \r\ni) one shall be an experienced educationist, and \r\nii) one shall be nursing instructor of an institution maintained by the \r\nGovernment. \r\n(2) The Council established under subsection (1)  shall be a body \r\ncorporate having perpetual succession and a common seal, with power, among \r\nothers, to acquire, hold and dispose of property, and shall by its name sue and be \r\nsued. \r\n4. Terms of office of members .– (1) Subject to the provisions of this section,  \r\nan elected or nominated member shall hold office for a term of 3 years from the date \r\nof his election or nomination, as the case may be. \r\n(2) An elected or a nominated member may at any time resign his office by \r\nwriting under his hand addressed to the President  of the Council and the seat of \r\nsuch member shall thereupon become vacant. \r\n(3) An elected or a nominated member shall be deemed to have vacated \r\nhis seat– \r\na) if he ceases to represent the particular interest which he was \r\nelected or nominated to represent or to hol d any office or \r\nappointment by virtue of which he was qualified to be elected or \r\nnominated; or \r\nb) if he is declared by the Council to have been absent without \r\nsufficient cause from three consecutive meetings of the Council. \r\n(4) An elected or a nominated member sh all be eligible for re election or \r\nre-nomination but not for more than two consecutive terms. \r\n5. Casual Vacancies .– A casual vacancy in the office of a member shall be \r\nfilled for the  remainder of the term of such member by election or nomination of \r\nanother person in his place in the same manner in which such member was elected \r\nor nominated. \r\n6. Vacancy, etc., not to invalidate proceedings .– No act or proceeding of the \r\nCouncil shall be invalid merely on the grounds of existence of any vacancy in, or any \r\ndefect in the constitution of, the Council. \r\n7. Meetings of the council .– (1) The Council shall, for the purpose of \r\ntransacting its  business, meet at least once every six months at such times and \r\nplaces as the Council may deem fit or as the President of the Council may \r\ndetermine. \r\n(2) Special meetings may be held at such times and places as the Council \r\nmay deem fit or as the President of the Council may determine. \r\n(3) A written notice with respect to the time, place and object of any \r\nspecial meeting shall be sent by post by the Se cretary to the Council to all the \r\nmembers at least seven days before the day fixed for such meeting. \r\n(4) Unless otherwise prescribed, fourteen members shall form a quorum \r\nfor the meeting of the Council; and all decisions of the Council shall be made by a \r\nmajority of the members present and voting. \r\n8. President and vice -president.– (1) Unless prevented by circumstances \r\nbeyond its  control, the Council shall, at its first meeting to be presided over by a \r\nmember elected for the purpose, elect from among its members a President and a \r\nVice-President. \r\n(2) The President or the Vice -President of the Council shall hold office as \r\nsuch for so long as he continues to be a member. \r\n9. Executive committee .– (1) The Council shall constitute an Executive \r\nCommittee consisting of the Preside nt, the Vice -President and seven other persons \r\nelected by it from amongst its members and may constitute such other committees \r\nfor general or special purposes as the Council may deem necessary for carrying out \r\nthe purposes of this Act. \r\n(2) The President and th e Vice-President of the Council shall respectively \r\nbe President and the Vice-President of the Executive Committee. \r\n(3) The Executive Committee shall exercise and perform such powers and \r\nfunctions as are, or may be, conferred or imposed upon it by or under this Act. \r\n10. Officers and servants of the council .– (1) The Council shall appoint a \r\nRegistrar of the  Council and may appoint a Secretary, a Treasurer and such other \r\nofficers and servants as it may deem necessary for carrying out the purposes of this \r\nAct. Provided that the Council may, if it thinks fit, require the Registrar to perform the \r\nfunctions of Secretary and the Treasurer or any of them. \r\n(2) The Council shall with the previous sanction of the Federal \r\nGovernment, determine the terms and conditions of service and  fix the pay and \r\nallowances of the officers and servants. \r\n11. Provincial nursing examination board .– (1) The Provincial Government \r\nshall constitute a Provincial Nursing Examination Board consisting of such persons \r\nas the Provincial Governments may, in consulta tion with the Federal Government \r\nappoint. \r\n(2) The functions of Boards shall be to confer, grant or issue diplomas, \r\nlicenses, certificates or other documents stating or implying that the holder, grantee \r\nor recipient, thereof has acquired a qualification in nurs ing, midwifery, health visiting, \r\npublic health nursing or auxiliary nursing and to desiring to obtain such qualifications. \r\n(3) A Board shall conduct its proceedings in such manner as may be \r\nprescribed. \r\n12. Recognition of institutions or authority conducting traini ng.– (1) Any \r\ninstitution or  authority which conducts any courses of study of training in general \r\nnursing, midwifery, health visiting, public health nursing, auxiliary nursing or nursing \r\naide (Naid) may apply to the Council for recognition. \r\n(2) The Council may, if it is satisfied after such inquiry as it may think fit to \r\nmake that the institution or authority making an application under sub -section (1) \r\nfulfills such requirements as may be prescribed for the purpose, grant the recognition \r\napplied for. \r\n13. Reciprocal recognition of qualification.– (1) The Council may, for settling a \r\nscheme of reciprocity or recognition of qualifications, enter into negotiations with any \r\nauthority in a foreign country which, by the law of such country, is entrusted with the \r\nmaintenance of, or is authorized to maintain, a register of nurses, midwives, or \r\nhealth visitors. \r\n(2) The Council may, in pursuance of any scheme of reciprocity settled \r\nunder sub-section (1), by notification in the official Gazette, declare in respect of any \r\nqualification or higher qualification granted by any authority in such country that such \r\nqualification or such higher qualification, only when granted after the date specified \r\nin the notification, shall be a recognized qualification or a recognized higher \r\nqualification for the purposes of this Act. \r\n(3) Notwithstanding that a scheme of reciprocity has not been settled \r\nunder sub -section (1), the Federal Government may, after consultation with the \r\nCouncil, by notification in the official Gazette, declare that a qualification o r higher \r\nqualification granted by an institution or authority of a foreign country shall, for such \r\nperiod and subject to such conditions, if any, as may be specified in the modification, \r\nbe a recognized qualification or a recognized higher qualification fo r the purposes of \r\nthis Act. \r\n14. Certification of certain persons as possessed of recognized \r\nqualification.– (1) Where, upon an application made in this behalf, the Council is \r\nsatisfied that a person is, by reason of qualifications granted by an institution out side \r\nPakistan and of experience gained in Pakistan possessed of qualifications not \r\ninferior to a recognized qualification, it may with the approval of the Federal \r\nGovernment, certify that such person possesses qualifications which entitle him to \r\nbe regarded as possessing a recognized qualification. \r\n(2) A person in favor of whom a certificate under sub -section (1) has been \r\ngranted shall be deemed to be possessed of a recognized qualification for the \r\npurposes of this Act. \r\n15. Effect of recognition .– (1) Notwithstanding anything contained in any other \r\nlaw for the time being in force. \r\na) a person possessing a recognized qualification shall be entitled to be \r\nenrolled in the register, \r\nb) a person possessing a recognized higher qualification shall be entitled \r\nto have such qualif ication entered as a supplementary qualification in \r\nthe register; and \r\nc) no person shall, after the commencement of this Act, be entitled– \r\ni) to be enrolled in the register as a nurse, midwife, health visitor, \r\npublic health nurse or nursing auxiliary unless such  person \r\npossesses a recognized qualification; or \r\nii) to have any of his qualifications which is not a recognized higher \r\nqualification entered as a supplementary qualification in the \r\nregister. \r\n16. Institutions to furnish information required by council .– (1) Every \r\ninstitution or authority which conducts any course of study or training for the purpose \r\nof preparing candidates for any recognized qualification or recognized higher \r\nqualification, or applies for the recognition of any qualifications granted by it, shall \r\nfurnish to the Council such information as it may, from time to time, require relating \r\nto– \r\na) the course of study and training; \r\nb) examinations conducted during such courses of study and training; \r\nc) the ages at which admissions are allowed to such courses of study and \r\ntraining; and \r\nd) any other matter generally pertinent to the requirements for its \r\nrecognition. \r\n17. Inspection of institution .– (1) The Executive Committee may cause to be \r\ninspected by any person nominated by it any Institution or authority which conducts \r\ncourse of study or training for the purpose of preparing candidates for a recognized \r\nqualification or a recognized higher qualification and to attend examinations held by \r\nsuch Institution or authority. \r\n(2) The persons nominated under sub -section (1) shall report t o the \r\nExecutive Committee on the suitability of the Institution or authority for the purposes \r\nof training and the adequacy of training imparted therein. \r\n(3) The Executive Committee shall forward a copy of a report made under \r\nsub-section \r\n(2) to the Institution or a uthority concerned for making such observations \r\nthereon as it may think fit to make within the period specified by the Committee. \r\n(4) Upon the expiry of the period specified under sub -section (3) the \r\nExecutive Committee shall, together with the observations, i f any, made by any \r\nInstitution or authority, submit the report to the Council with such recommendations \r\nthereon as it may think fit to make. \r\n18. Withdrawal of recognition.– (1) Where, after considering a report submitted \r\nunder sub section (4) of section 17, the Council is of opinion– \r\na) that the courses of study or training required to be undergone for \r\nobtaining a recognized qualification or recognized higher qualification \r\nor conditions for admission to such courses of study or training or the \r\nstandards of profici ency acquired by the candidates at the \r\nexaminations held by the Board, are not in conformity with or fall short \r\nof the standards required by the regulations, or \r\nb) that an Institution or authority recognized by the Council for the training \r\nof Nurses, Midwives , Health Visitors or Nursing Auxiliaries does not \r\nsatisfy the prescribed requirements as to courses of study and training \r\nfor obtaining recognized qualifications or recognized higher \r\nqualifications the Council shall send a statement to that effect together  \r\nwith a copy of the report submitted by the Executive Committee to the \r\nFederal Government \r\n(2) Upon the receipt of a statement under sub section (1), the Federal \r\nGovernment shall forward it with such remarks thereon as it may think fit to make to \r\nthe Institution or authority concerned for the submission within a specified period of \r\nsuch explanation as the Institution or authority may like to offer. \r\nUpon the expiry of the period specified under sub -section (2), the Federal \r\nGovernment may, after considering the ex planation, if any, offered by any Institution \r\nor authority, direct the Council to take such steps as may be necessary to ensure \r\ncompliance by the \r\n(3) Institution or authority with the requirements of this Act and \r\nRegulations. \r\n(4) Without prejudice to any steps tha t may be taken by it under sub -\r\nsection (3) with respect to an Institution or authority, the Council may, by notification \r\nin the official Gazette, declare that any qualification granted by such Institution or \r\nauthority which is a recognized qualification or  a recognized higher qualification \r\nshall, if it is granted after a date specified in the notification, cease to be a \r\nrecognized qualification or, as the case may be, a recognized higher qualification. \r\n(5) The Council may, by notification in the official Gazette, declare that any \r\nqualification granted outside Pakistan which is a recognized qualification or a \r\nrecognized higher qualification shall, if it is granted after a date specified in the \r\nnotification, cease to be a recognized qualification or, as the case m ay be, a \r\nrecognized higher qualification. \r\n19. Maintenance of the register .– The Council shall, for the purpose of \r\nregistration of  nurses, midwives, health visitors and nursing auxiliaries possessing \r\nrecognized qualifications or recognized higher qualifications , maintain a register in \r\nwhich shall be entered such particulars relating to the persons registered as may be \r\nprescribed. \r\n20. Procedure for registration .– (1) Any person possessing a recognized \r\nqualification or recognized higher qualification who is not disqua lified for registration \r\nunder section 22 may make an application, accompanied by the prescribed fee, for \r\nregistration of his name in the register. \r\n(2) The Council shall, if it is satisfied that the applicant possesses a \r\nrecognized qualification or recognized h igher qualification and is not disqualified for \r\nregistration under section 22, register the name of the applicant in the register. \r\n(3) No application under sub -section (1) shall be rejected except after \r\ngiving the applicant an opportunity of being heard. \r\n21. Removal of name from the register .– (1) The Council may, if it is satisfied \r\nthat a person  has, after his registration, become disqualified for such registration, \r\nremove the name of such person from the register and thereupon such person shall \r\ncease to be so reg istered, provided that no name shall be so removed except after \r\ngiving the person affected an opportunity of being heard. \r\n(2) The Council may, at any time for reasons to be recorded in writing, \r\nrestore in the register the name of any person which has been remo ved therefrom \r\nunder sub-section (1). \r\n22. Disqualification for registration .– (1) A person shall be disqualified for \r\nregistration in the register if he– \r\na) has been convicted of any offence under this Act or of any other \r\noffence which in the opinion of the Council  implies a defect of \r\ncharacter; or \r\nb) has, at any inquiry held by the Council in which the person was given a \r\nreasonable opportunity of being heard, been found guilty of such \r\nconduct as is considered regulations derogatory to his profession in \r\naccordance with the regulations made under section 26. \r\n23. Prohibition of employment of unregistered nurses, etc .– (1) No hospital, \r\nasylum, infirmary, dispensary or lying in hospital maintained or aided by the Federal \r\nGovernment or a Provincial Government or a local authorit y shall employ therein any \r\nperson as nurse, midwife, health visitor or nursing auxiliary unless such person– \r\na) is registered in the register; or \r\nb) is a trainee at an institution recognized for the purpose by the Council \r\nand is certified by the head of that Ins titution to have already received \r\nsufficient training to be able to perform his duties safely and \r\nsatisfactorily. \r\n24. Penalty for certain offenses .– (1) A person shall be punishable with \r\nimprisonment of either description for a term which may extend to 6 month s, or with \r\na fine which may extend to one thousand rupees, or with both, \r\na) he procures or attempts to procure the registration of his name in the \r\nregister, or abets the procurement of such registration of any name by \r\nmaking or causing to be made in any manne r whatsoever any false or \r\nfraudulent statement, representation or declaration; or, \r\nb) he, not being registered in the register, represents that he is so \r\nregistered, or uses with his name any title or any word or letter \r\nrepresenting or calculated to represent that he is so registered; or \r\nc) he practices as a nurse, midwife, health visitor or nursing auxiliary in \r\ncontravention of any Regulations made under section 26. \r\n25. Annual report.– (1) The Council shall submit to the Federal Government, as \r\nsoon as possible after the end of every year, a report on the conduct of its affairs \r\nduring that year. \r\n (2) The Federal Government may at any time require the Council to furnish \r\nit with: \r\na) a report on any subject with which the Council is concerned; \r\nb) any return, statement, statisti cs or other information regarding any \r\nmatter under the control of the Council; or \r\nc) a copy of any document in the charge of the Council and the Council \r\nshall comply with every such requisition. \r\n26. Power to make regulations .– (1) The Council may, with the previo us \r\nsanction of the Federal Government, make Regulations for carrying out the purposes \r\nof this Act. \r\n(2) In particular, and without prejudice to the generality of the foregoing \r\npower, such Regulations may provide for– \r\na) the management of the property of the Counci l and the maintenance \r\nand audit of its accounts; \r\nb) the manner in which the elections of the President, Vice -President and \r\nmembers shall be conducted; \r\nc) the summoning and holding of the meetings of the Council or of a \r\nBoard, the conduct of business thereat and the number of members \r\nnecessary to constitute a quorum; \r\nd) prescribing the functions of the Executive Committee, the summoning \r\nand holding of meetings thereof, the times and places at which such \r\nmeetings shall be held, and the number of members necessary to \r\nconstitute a quorum; \r\ne) prescribing the powers and duties of the President and the Vice -\r\nPresident; \r\nf) prescribing the terms and conditions of service and the powers and \r\nduties of the officers and servants of the Council; \r\ng) prescribing the standard courses of traini ng for nurses, midwives, \r\nhealth visitors and nursing auxiliaries, courses of training for teachers \r\nof nurses, midwives, health visitors and nursing auxiliaries, and \r\ncourses of training in nursing administration; \r\nh) prescribing the conditions for admission to courses of training as \r\naforesaid; \r\ni) prescribing the standards of examination and other requirements to be \r\nsatisfied for declaration of any qualification as recognized qualification \r\nor recognized higher qualification; \r\nj) regulating the practice of nurses, midwiv es, health visitors and nursing \r\nauxiliaries and for prohibiting persons not registered in the register \r\nfrom so practicing; \r\nk) prescribing fees to be charged for registration or for any other purpose \r\nof the Act; \r\nl) prescribing fees for recognition of any Institution or authority; and \r\nm) any other matter which is to be or may be prescribed. \r\n27. Repeal and saving .– (1) The Pakistan Nursing Council Act, 1952 (IIX of \r\n1952), hereinafter referred to as the said Act, and the West Pakistan Nursing \r\nServices Ordinance, 1959 (W.P. Ordinance No. L of 1959) are hereby repealed. \r\n(2) Notwithstanding the repeal of the said Act and without prejudice to \r\nsection 24 of the General Clauses Act, 1987 (X of 1987); \r\na) the Pakistan Nursing Council constituted under the said Act and \r\nfunctioning immediate ly before the commencement of this Act shall, \r\nuntil the establishment of the Council under this Act, discharge the \r\nfunctions of and be deemed to be, the Council established under this \r\nAct; \r\nb) any scheme of reciprocity settled under the said Act and subsisting  \r\nimmediately before the commencement of this Act shall continue in \r\nforce and be deemed to be a scheme of reciprocity settled under this \r\nAct; \r\nc) any register of nurses, midwives, health visitors and nursing auxiliaries \r\nwhich was maintained immediately before t he commencement of this \r\nAct under the said Act and the persons registered in such register shall \r\nbe deemed to be the register maintained and persons registered \r\ntherein under this Act; \r\nd) any qualification entered as a supplementary qualification in any \r\nregister under the said Act shall be deemed to be the supplementary \r\nqualification entered in the register under this Act, notwithstanding that \r\nsuch qualification is not a recognized higher qualification; \r\ne) any regulation or bye -law made under the said Act and in f orce \r\nimmediately before the commencement of this Act shall be deemed to \r\nbe and continue in force as, a regulation made under this Act; \r\nf) any officer or other employee of the Pakistan Nursing Council \r\nappointed under the said Act shall be deemed to be an offic er or \r\nemployee appointed by the Council under this Act; \r\ng) all assets, rights, powers, authorities and privileges and all property, \r\nmovable and immovable, and all interest therein and all debts, liabilities \r\nand obligations of the Pakistan Nursing Council cons tituted under the \r\nsaid Act and subsisting immediately before the commencement of this \r\nAct shall stand transferred to and be deemed to be assets, rights, \r\npowers, authorities, privilege, property and interest of the Council \r\nestablished under this Act; and \r\nh) anything done or any action taken or any proceeding commenced \r\nunder any of the provisions of the said Act shall continue in force and \r\nbe deemed to have been done, taken or commenced under the \r\ncorresponding provision of this Act. \r\n(3) All assets, rights, powers, a uthorities and privileges and all property, \r\nmovable or immovable, and all interests therein and all debts, liabilities and \r\nobligation of the Nursing Services Council of West Pakistan constituted under the \r\nWest Pakistan Nursing Services Ordinance, 1959 (W.P . Ordinance, No. L of 1959) \r\nand subsisting immediately before the commencement of this Act shall stand \r\ntransferred to and be deemed to be the assets, rights, powers, authorities, privileges, \r\nof Baluchistan, the North -West Frontier, the Punjab and Sindh to such extent and in \r\nsuch manner as the Federal Government may direct. \r\n \r\n \r\nTHE SCHEDULE \r\n[see section 2(f)] RECOGNIZED QUALIFICATION A. General Nursing \r\nCertificate or Diplomas in Nursing, Midwifery and Health Visiting, Naids and Dais \r\ngranted by a Provincial Nursing Board. \r\n \r\nB. Post-Graduate Nursing \r\n \r\nPost-Graduate Certificates or Diplomas in Nursing issued by an Institution \r\nestablished and maintained by the Federal Government or a Provincial Government.",
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