GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

 

Rules - Draft Rules - Andhra Pradesh Nurses, Midwives, Auxiliary Nurse-Midwives and Health Visitors Act, 1926 (Amendment Act No. 5 of 1964) - Confirmed.

 

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HEALTH  HOUSING  AND MUNICIPAL ADMINISTRATION DEPARTMENT

 

 

G.O.Ms.No. 252, Health                                                          Dated . 27th February, 1969

                                                                                                Read the following :

 

 

                                      G.O.Ms.No.36, Health dated 6-1-1965.

 

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O R D E R:

 

            The draft of the rules under the Andhra Pradesh Nurses, Midwives, Auxiliary Nurse-Midwives and health Visitors Act,1926 were published for general information at PP 10-28 of Rules  supplement to Part II (No.1) of the Andhra Pradesh Gazette dated 28-1-1965. As  on objections or suggestions have been received within the time allowed, the said rules are hereby  confirmed.

 

            The  appended Notification will be published in the next issue of the Andhra Pradesh  Gazettee.

 

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

                                                                                                   Sd. N. Bhagwandass,
                                                                                        Special Secretary to the Government.

                                      //True Copy//

 

NOTIFICATION

 

APPENDIX

 

In exercise of  the powers conferred by Section 11 of  the Andhra Pradesh  Nurses, Midwives, Auxiliary Nurse-Midwives and Health Visitors Act, 1926, (Act III of 1926),  the Governor  of Andhra Pradesh, hereby makes the following rules, the same having been previously published  at pages 10-28 of Rules Supplement to Part II (No. 1)  of the Andhra Pradseh Gazettee dated  28th January, 1965.

 

R U L E S

 

            1. In these rules, unless there is anything repugnant in the subject or context :

 

             (a)           ?Act? means the Andhra Pradesh Nurses, Midwives, Auxiliary Nurse-Midwives and Health Visitors Act, 1926.

 

             (b)           ?General Nursing? means (a) in the case of female Nurses the training in the nursing of men, women and children and (b)  in the case of Male Nurses the training in the nursing venereal  patients for a  period of not less than three years in any  institutions  authorised under rule 38.

Cond. 2

:: 2 ::

 

             (c)           ?Government? means the Government of Andhra Pradesh,

 

             (d)           ?President? means the President of the Andhra Pradesh Nurses, Midwives, Auxiliary Nurse-Midwives and Health Visitors Council Constituted under Sec. 3(1) of the Act.

 

             (e)           ?Registered Medical Practitioner? means a medical Practitioner registered in accordance with the provisions of Section 5 of the Act.

 

             There shall be Registrar of the Council for performing the functions assigned to the Registrar by these rules and the bylaws made under the Act. The first  appointment of the Registrar shall be made by the President and the subsequent appointments shall be made by the Council.  Every person so appointed may be removed by the appointing authority giving  three months notice in writing.  A person appointed may relinquish three months  notice in writing.  A person appointed may relinquish his office by giving three months notice to the appointing authority

 

RULES FOR THE  CONDUCT OF THE ELECTION OF MEMBERS
OF THE COUNCIL (SECTION 11(2) (a)) OF THE  ACT.

 

             2.            Register of Members of Council : The Registrar shall maintain a register stating particulars  of the members of the Council in form  I of Appendix A to these rules.

 

             3.            The President shall as soon as practicable,

                             (a)     Ninety days before the expiration of the term of  office of a member of the council or

 

                             (b)     When the post of such member becomes vacant by reasons of the death, or resignation or otherwise  than  by the expiration of his  term of the office.

 

                            Take such steps to have the vacancy filled by fresh nomination or election as the case may require.

 

             4.            For purpose of election under sub clause (b) of clause (ii) of sub section (1) of Section 3 of the Act,  the  President or any person authorizes or deputed by him in that behalf shall act as Returning Officer.

 

EXPLANATION :       References to the Returning Officer in these Rules shall unless a contrary intention appears, be deemed to include any person authorised or deputed  by the Returning Officer to perform any duty or function in respect of an election.

 

 

Contd. 3

:: 3 ::

 

             5.            Not less than forty days before  the date fixed for the holding of a election, the  Returning Officer shall prepare and publish a notice in English in the  Andhra Pradesh Gazette and at the office of the Council setting out :-

                           

                            (a)    the number of persons to be elected;

 

                             (b)   the constituency for which the election is to be held;

 

                             (c)   the date on which and the hours between which nomination papers shall be presented to him, an interval of at least seven days being allowed between the date of  publication  of  notice  and the date for presentation of the nomination papers;

 

                             (d)   the date on which the nomination papers will be taken up for  scrutiny;

 

                             (e)   the last day by which and the place where  the  voting papers shall be received and

 

                             (f)    the day on which and the place  and hour at which the Returning Officer will commence the counting of votes.

 

             6.            (1)     All Nurses, Midwives, Auxiliary Nurse-Midwives and Health Visitors whose names  are entered in the register maintained in Section 5 of the Act shall be entitled to vote at the election of the five registered nurses to the council under sub clause (b) of clause (ii) of sub section (1) of  Section 3 of the  Act and the said registers  shall be  deemed to be the  electoral roll  for this purpose.

 

                             (2)     The Registrar shall, once a year,  prepare and publish seperate electoral  rolls showing  the name, qualification and address of every person qualified to vote for the election of a member  to the  Council under sub clause (b) of Clause (ii)  of sub section (1) of  Section  3 of the Act.  Any electoral roll published under this sub rule shall remain in force untill the publication of a fresh electoral roll.

 

             7.            Any Registered Nurse whose name  appears in the electoral roll  may be  nominated as a candidate at the election.

 

             8.            The nomination of every candidate shall be  made by  in means of a separate nomination paper in Form II of  Appendix to  these rules which shall be supplied free by the Returning Officer to any elector who may  apply for the same.

 

             9.            (1)     (a)     Every nomination  paper shall be subscribed by two electors as proposer and Seconder.

 

                                      (b)     The candidate shall make a declaration expressing his willingness to stand for election.

 

                             (2)     The same elector may  subscribe as many nomination papers as there are vacancies to be filled but no more.  Each candidate shall be  nominated by a  separate nomination paper.

 

 

Contd. 4

:: 4 ::

 

             Where a person has subscribed whether as proposer or Seconder a larger number of  nomination papers than there are vacancies to be filled, those of the papers so subscribed which have been  first received up to the number of vacancies to be filled shall be deemed to be valid.  If any  of the nomination papers cannot be treated as valid under this rule, all such papers shall be deemed to be invalid.

 

                             (3)     On  receipt of a nomination paper, the Returning Officer shall forthwith endorse thereon the date and hour of such receipt.  Nomination papers received after the date and time  appointed by the Returning Officer under those rules (for the  presentation of such papers)  shall be rejected by him.

 

                             (4)     The rejection of a nomination paper of any candidate on the groung of any irregularity  in respect there of shall not affect the validity of nomination of the candidate if the candidate has been duly nominated by means of another nomination paper in respect of which no  irregularity has been committed.

 

             10.          On the date and at the time and place appointed by the Returning Officer for  the scrutiny of nomination papers, every proposer and seconder and the candidate so nominated may attend and the Returning Officer shall allow them to examine the nomination papers of all candidates which have been received by him as aforesaid.

 

             11.          The Returning Officer shall examine the nomination papers and shall either on his own  motion or an objection made decide all questions, which may arise as to the validity of any nomination including questions regarding the eligibility of the  candidate to stand for election and his decision on all such questions shall  subject  to the provisions of rules 28 and 29 be final.

 

             12.          If in any case of an election under these rules the number of duly nominated candidates who stand for election does not exceed the number of members to be elected, the Returning Officer shall  forthwith declare such candidate or candidates to be elected.

 

             13.          If  the  number of duly nominated candidates exceeds  the member of  members to  be so elected the  Returning Officer shall 

 

                             (a)   Clause the names and addresses of the candidates to be entered in voting papers in Form III of Appendix to those rules and

                           

                            (b)   Publish the said names and addresses in the Andhra Pradesh                     

                                                Gazette.

 

             14.          Not less than thirty days before the last day appointed for voting, the Returning Officer shall send to each elector one  such voting  paper by ordinary post and obtain a certificate of posting  in token there of provided that ...

 

 

 

 

Cont.. 5

 

:: 5 ::

            

                             (a)   If an elector has not received his ballet paper sent by post or if the ballet paper has been  inadvertently spoilt in such manner that it cannot be conveniently  used or it has been lost, he may, on his transmitting to the Returning Officer a declaration to that effect signed by himself, require the  returning officer to send him a new ballet paper in place of the one not received, spoilt or lost, and if it has been spoilt it shall be returned to the  Returning Officer who shall cancel  it on receipt and

 

                             (b)   no election shall be invalidated by reason that an elector has not  received his ballot paper if a ballot paper has been  issued to him in accordance with those rules.

 

             15.          The Returning Officer shall  notify in the voting papers

 

                            (a)    the last day appointed by him for voting and

 

                            (b)   the day appointed by him  for the counting of the votes.

                           

                            Every elector desirous of recording his vote shall send his voting paper by registered post to the Returning Officer  after recording his vote there on in the manner prescribed therein  provided that voting  papers which are not received by the Returning Officer on  or before the last  data appointed by the President for receiving voting  papers shall be rejected.

 

             16.          Any duly nominated candidate may withdraw his candidature, by sending  to the  Returning Officer a written and signed withdrawal at any time before the scrutiny  and counting of votes and it shall not be permissible for him subsequently to cancel such withdrawal.

 

                            On receiving notice of such withdrawal the  Returning  Officer shall publish the same in the Andhra Pradesh  Gazette and any votes which may be or may have been  recorded on the candidates behalf shall be avoid.

 

             17.          On receipt of voting paper the Returning Officer shall endorse on the cover thereof the date and hour of its receipt.

 

             18.          The Returning Officer shall attend for the purpose of counting of votes on such date and at such time and place as be appointed.

 

             19.          After satisfying himself  that the electors have affixed their signatures on the counterfoils,  the Returning Officer  shall tear off the counter foils and place them in safe custody.

 

             20.          The Returning Officer shall, at the  time of scrutiny reject voting papers which does not comply with  the instructions  on the voting paper, endorsing the work ?Rejected? thereon.

 

             21.          Every candidate may be  present in person or may authorise a representative by writing  signed  by him, to be  present, at the counting of votes.

 

             22.          The Returning Officer shall, if  requested to do so, show the voting papers which he rejects under rule 20 but not the counterfoils,  to the candidates or to their representatives.

Contd. 6

:: 6 ::

 

             23.          When the counting of votes has been completed, the  Returning Officer forthwith declare to be elected the candidate or candidates as the case may be  to whom the largest  number of valid votes has been given.

 

             24.          If any objection is made to any voting paper or to its receipt or rejection by the Returning Officer such objection shall be decided at once by the  Returning Officer whose decision shall subject to the provisions of rules 28 and 29 be final.

 

             25.          When an equality of votes is found to exist between any candidates and the addition of a vote will entitle any of the said candidates to be declared elected, the  determination of the person to whom such additional vote shall be deemed to have been  given shall be made by lot drawn in the presence of the Returning Officer and of the candidates or their representatives in such a manner as the Returning Officer may determine.

 

             26.          Upon the completion of the counting and after the result has been declared by him, the  Returning Officer shall seal the voting papers and all other documents relating to election and shall keep the same in safe custody for a period of  six months and thereafter cause them to be destroyed.

 

             27.          (1)   Where the President is not the Returning Officer, the Returning Officer shall communicate the result of the election to the President;

                             (2)   The President shall in all cases publish the names of the elected candidate or candidates in the Andhra Pradesh Gazette.

 

             28.          The Council, may of its own motion or on objection made  in writing by any elector including a candidate, declare any election that has been hold to be void on account of corrupt practice or any other  sufficient cause and may call on the president to take steps to hold a fresh election within a specified time, and any decision of the Council under this rule shall be final.

 

             29.          (1)   If any question arises as to the interpretation or application of these rules, the question shall be referred to the Council whose decisions shall be final.  Pending the  decision of the council on any such reference  to it or the  issue of any  final orders on any enquiry which the Council may institute upon receipt of information that an election is being  or about  to be held in contravention of the rules, it shall be lawful for the Council to direct the stay of the election proceedings at any stage thereof prior to the declaration of the result.  Any election held or prior continued contravention of the orders of the Council under this rule shall be void and  be of no effect whatsoever.

 

(2)   Unless it is otherwise ordered by the Council, election proceedings stayed under this rule shall on cancellation of the stay order proceed from the stage at which they were stayed on fresh dates to be fixed.

Contd. 7

:: 7 ::

 

             30.          Vice President :    The Council  shall elect one of its members to be its Vice President who shall in the absence of or when so authorised by the  President to entitled to preside at meetings of the  Council and to discharge the  functions of the President.

                           

             The election of  a Vice President of the Council from among the  members of the Council shall be by ballot and shall take place at a meeting of the Council of which not less than  fourteen days notice has been given under the orders of the President.

            

             Candidates for  election to the office of the Vice President shall be proposed and seconded by members of the Council present at the meeting.

 

             The candidate whom the largest number of votes has been given shall be declared to be duly elected by the President or member presiding at the meeting.

 

             When an equality of votes is found to exist and the addition of a vote will entitle any of the candidates to be declared to be elected, the determination of the candidate to  whom such one additional vote shall be deemed to have been given shall be made by lot drawn at the meeting in such manner as the President may determination.

 

             The term of office of a Vice President shall be for one year commencing from the date of the election provided that he shall vacate said office on the expiration of his term as a member of the Council.

 

             An outgoing  Vice President shall, if he is a member of the Council  at the time, be eligible for re-election.

            

             If the office of Vice President becomes vacant in the course of the year  for  which he has been elected, it shall be filled the vacancy and the member appointed shall hold office for the remainder of the year for which his predecessor was appointed.

 

 

RULES REGULATING THE CONDITIONS OF ADMISSION TO THE REGISTER

(Section 11 (2) (b) of the Act)

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             31.          Every Nurse, Midwife, Auxiliary Nurse-Midwife or health Visitor who desires to have her name entered in the register of  Nurses, Midwives, Auxiliary Nurse-Midwives or Health Visitors shall apply to the Registrar in  Form IV of Appendix to  these rules and furnish full particulars of the information required therein.  She  shall attach to her application any diplomas or certificates of training she holds in original together with a copy of each such  diplomas or certificates of training.

 

EXPLANATION  :  A woman who desires to have  her name entered as a Nurse as a Midwife, as  Auxiliary Nurse-Midwife or  as Health Visitor shall make separate application therefor in the prescribed form.

 

 

Contd. 8

 

:: 8 ::

 

             32.          Subject the provisions of these  rules, a nurse shall be  entitled to have her name entered in the register of nurses

                            

                             (a)   as a general trained nurse

                            

`                           (b)   if she has completed three years training at an institution authorised in that behalf  under rule 38 and  has passed the qualifying examination in general nursing conducted by the Andhra Pradesh Government Board of Examiners in Nursing or the examining Board of the Nurses? Auxiliary of the Christian Medical Association of India (South India Branch) or

 

                             (c)   if she possesses a certificate of qualification in B.Sc. (Nursing) granted by the University of Osmania or from any other University recognised by the Indian Nursing Council.

 

                             (d)   if she possesses a certificate of  qualification in general nursing recognised by the Indian Nursing Council as a registerable qualification and is registered as the Nursing Council of the State in which the qualification is granted or

 

                             (e)   if her name has been  registered by --

 

         nbsp;                           i.          the General Nursing Council for England and Wales or

                                    ii.          the General Nursing Council for Scotland or

                                    iii.         An Board Altranzis, Eire, Dublin or

                                    iv.         the Joint  Nursing and Midwives Council for Northern           
            Ireland or

                                    v          if  she possesses a certificate or qualification granted by an authority in a State recognised  by the  council;

 

             Note:   With  reference to the qualifications in clause (d), qualifications granted in Foreign countries other than the United Kingdom and Ireland are not registerable unless and until they are so declared by the Indian Nursing Council.

 

                             (2)   as a  nurse trained in the Nursing of Women and Children if she has completed three years training at an institution authorised in that behalf under rule 38 and has passed  the qualifying examination in the nursing of Women and children conducted by the Examining Board of the Nurses? Auxiliary of the Christian Medical Association of India (South Indian Branch).

 

             33.          Subject to the  provisions of these rules a midwife shall be entitled to have her name entered in the register of midwives;

 

                             (a)   if she has completed 18 months training of six months training in the case of trained nurses, at an  institution authorised that behalf under rule 38 and has passed the qualifying examination conducted by the Andhra Pradesh Government Board of Examiners for Midwives or

Contd. 9

:: 9 ::

                             (b)   if she possesses a certificate of qualification in midwifery recognised by the  Indian Nursing Council as a registerable qualification and is registered by the  Nurses and Midwives Council of the State in which the qualification is granted or

 

                             (c)   if her  name has been registered by ---

                                    (i)   The Central Midwives? Board of London or

                                    (ii)   The Central Midwives? Board of Scotland or

 

                             (d)   if she possesses a certificate of qualification granted by an authority in a State recognised by the Council.  

 

Explation :          A midwife, who has satisfactorily completed one year?s training in Midwifery before the 24th December, 1937 shall be eligible for registration in the  register of midwives,  if she has commenced her course of training before the introduction of the revised course of 18 months training and  if she produces in addition to other documents, the certificates of professional efficiency referred to in rule 36 (b).

 

             34.          Subject to the  provisions of these rules, an Auxiliary Nurse-Midwife shall be  entitled to have her name entered in the Register of Auxiliary  Nurse-Midwives --

 

                             (a)   If she has completed 2 years training at an institution authorised in that behalf under rule 38 and has passed the qualifying examination conducted by the Andhra Pradesh Board of the Examiners for Auxiliary Nurse-Midwives or Examining Board of the Nurses? Auxiliary of the Christian Medical Association of India (South India Branch)

 

                             (b)   if she possesses a certificate of qualification as Auxiliary Nurse-Midwife  recognised by the Indian Nursing Council as a registerable qualification and is registered by the Nurses and Midwives Council of the State in which the qualification is granted.

 

                             (c)   If she has completed Health Visitors Training Course for 1 year after successfully completing auxiliary Nurse-Midwife?s Training with suitable School  Education, in the State of  Andhra Pradesh.

 

                             (d)   if she  possesses a certificate of qualification as Health Visitor recognised by the Indian Nursing Council as a  registerable qualification and is registered by the Nurses and Midwifes Council of the State in which the qualification is granted.

 

             36.          (a)   An applicant for registration shall in all cases specify in her application the names and addresses of at  least  three persons willing and able to given evidence of her good moral character.  On of them should be a person of good social standing not being a relation of the applicant who has known her personally for not less

Contd. 10

 

:: 10 ::

 

                                    then three years, another shall be a  person in whose employment the applicant is on the date of  application or who has employed her at any time within three years prior to such date and a third shall be a Superintendent of Nursing, registered Medical  Practitioner or other responsible  person with whom the applicant is working on  the date of  the application or has worked at any time  within three years prior to such date.

 

                             (b)   The Council may invite the persons named by the applicant to furnish testimonials as to her character and professional efficiency in Forms V and VI of Appendix to these rules as the  case may be  require and any testimonials so furnished shall be  sent direct to the Registrar by the  persons furnishing them.

 

             37.          Every Nurse, Midwife, Auxiliary Nurse-Midwife or Health Visitor whose name has been entered in the register shall be entitled to receive from the Registrar free of charges a Certificate of registration in Form VIII of Appendix to these rules.

 

             38.          With the approval of the Government, the Council shall from time to time authorize such institutions as may be deemed competent in that behalf to train nurses, midwives Auxiliary Nurse-Midwives, Health Visitors for the purpose of admission to the register under rule 31. Such authorisation may if the Council deems it necessary, be given with retrospective effect from such earlier date as may be  specified by it.

 

             39.          On or after the date of commencement of the Act, the Council is empowered to inspect the institutions by  deputing Inspectors for the purpose of according recognition to the training centres of Nurses, Midwives, Auxiliary Nurse-Midwives,  Health Visitors and B.Sc., Nurses.

 

RULES REGULATING REFUSAL TO REGISTER AND REMOVAL OF NAME FROM  AND RESTORATION  OF NAMES  TO THE  REGISTER  (SECTION  II (2) (b) AND  (d) OF THE ACT

 

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             40.          The Council may refuse to register or remove from the register permanently or for a specified time the  name of a Nurse, Midwife, Auxiliary Nurse-Midwife or Health Visitor for -

 

                             (a)   any offence including a breach of any by law which provides that such breach shall be deemed to be an offence for the purpose of this rule.

 

                             (b)   professional incompetence, negligence or contravention of methods ordinarily inculcated in the course of training of Nurses Midwives, Auxiliary Nurse-Midwives and Health Visitors.

 

                             (c)   defect in character which in the opinion of the Council would render the entry or retention of her name on the register undesirable.

Contd. 11

 

:: 11 ::

 

             41.          Whenever information is received that a candidate for registration as a Nurse, Midwife, Auxiliary Nurse-Midwife or Health Visitor or a registered Nurse Midwife A.N.M or H.V.  (herein after referred to as ?the respondent?)  has been  convicted of an offence or has been censured by any judicial supervising or other competent authority in relation to her professional character, or has been guilty or any misconduct the Registrar, after making enquiries relating there to shall lay the matter before the President.

 

             42.          The President may thereupon cause a written explanation to be called for  from the respondent. If the President is satisfied that a prima facie case has been made out against respondent, he may himself proceed with further investigation and take  further evidence taking if necessary the advice and  assistance of a legal practitioner or he may appoint a committee of the members of the Council to make such further investigation and take such further evidence.

 

             43.          When the President or the committee as the case may be consider that a case for further enquiry has not been made out the President or the Committee may decline  to proceed with the matter and shall report their action to the Council at its next meeting.

 

             44.          When the President or the committee as the case may be considers that a case for further enquiry has been  made out  the Registrar shall send by registered post to the respondent a  notice in writing in Form IX of Appendix to  these rules specifying  the nature and particulars of the charge against her and informing her of the  time and date  and place of the meeting at which  the case will be heard by the Council and requiring her to send  or deliver to the registrar her certificate and badge if any,  not later than the date on which the hearing takes place.  Such  notice shall be  sent to the registered address of the respondent  as given by her in her application or as set out in the register,  and shall be posted so as to allow at least  twentyone days to  elapse between  the date on  which the notice  is posted and the  date fixed for hearing.

 

             45.          In any case in which  it is proved by the certificate of a Court that a conviction has not been subsequently quashed on appeal, the president shall inform the  Council  of  the  facts of the case, and the Council may forthwith,  and without further  enquiry order the removal of the name of the registered Nurse, Midwife, Auxiliary Nurse-Midwife or Health Visitor charges and  convicted, or the  exclusion of a  candidate seeking  registration from the register.

 

             46.          The case shall be heard at a meeting of the Council, of which at least seven days notice shall be sent by  the  Registrar to  each member of the Council  and the respondent shall be entitled to be represented by a legal  practitioner provided  that if she intends to be represented by a legal practitioner,  not less than  seven days notice of such intention shall be given to the Registrar.

Contd. 12

 

:: 12 ::

 

             47.          At the hearing of the case, the Registrar or other person appointed by the Council for  the purpose shall first state to the Council  the facts of the case and the charge made against the  respondent and shall then submit  to the Council  the evidence received in support of the charge and the respondent  of her representative shall be invited by the President to  address the Council and to tender evidence in answer to the charge, and the  Registrar or  other person appointed by the  Council for the purpose shall be entitled to cross examine  any  witness tendered in answer to the charge and to reply on the whole case,  after the respondent  or her representative has replied.  The respondent shall also be entitled to cross examine any witness tendered in support of the charge in the same way as the Registrar or other person appointed by the Council is entitled to cross examine a witness tendered in answer to the charge.

 

             48.          If the  respondent does not attend either in person or by a representative, the Council  may proceed to hear and determine the case in her absence.

 

             49.          Upon the conclusion of the case the Council shall after consideration of the evidence, whether oral or documentary, pronounce its decision forthwith or at a later date in writing or at a subsequent meeting.

 

             50.          If the Council finds the charges against the respondent to be proved either whollyor in part,  it may refuse to  include  her name in the register or may remove her name from the register permanently or for such period as it thinks fit.

 

             51.          The registrar shall forthwith communicate the decision of the council to be respondent by registered letter addressed to her registered address.

 

             52.          In the case of temporary removal of the respondent?s name from the register, the Registrar shall delete her name from  the register in which it is included during the period  of such  temporary removal  and shall retain her certificate and badge if  any.  In the case of permanent removal  the Registrar shall delete the respondent?s   name from the register in which it is included and cancel her  certificate and retain her badge if any.

 

       nbsp;      53.          (a)   A Nurse, Midwife or Auxiliary Nurse-Midwife or Health Visitor may apply for the removal of her name from the register.  Every such application shall bear evidence  that it is  being made at the applicants own request and of her own free  will and shall be signed  by the applicant herself and be accompanied by a declaration made by the applicant in the presence  of two witnesses who shall be Magistrates, Ministers of Religion,  Registered Medical Practitioners or Registered Nurses, Midwives, Auxiliary Nurse-Midwives  or Health Visitors able  and willing  to identify the  applicant and to give evidence as to her character and who

Contd. 13

:: 13 ::

 

                                    shall state explicitly whether or not they are aware of any proceedings or of any reason for the institution of proceedings which might result in establishing any cause for the removal  of the applicant?s  name from the register without her consent  or of depriving her without her consent of any qualification or diploma  or certificate she may hold and entitling  her to be registered.

 

                             (b)   The Registrar shall place such application together with the documents in support  there of before  the next meeting of the Council,  at which the application and any objection there to shall be considered.

 

             54.          The  Council shall then consider whether there is any  valid objection to such removal and if it finds no valid objection there to  shall  remove the applicant?s name from the  register.

 

                             (a)   Upon the removal of the applicant?s name from the  register permanently or temporarily for a certain specified period under the foregoing rules, any application of the restoration of the name of such nurse, midwife, Auxiliary Nurse-Midwife or Health Visitor either in the case of permanent  removal ob before or after the expiry of the term any temporary removal shall be made in writing addressed to the Registrar and signed by the applicant, stating the grounds on which the application is made.

 

                             (b)   The application shall contain the names and addresses of two or more persons, of whom two shall be Magistrates,  Registered Medical Practitioners or registered Nurses, registered Midwives, registered Auxiliary Nurse-Midwives or registered Health Visitors able and  willing to identify the applicant  and to give  evidence as to her  character and the nature of her  name from the register and such other  information as may be  required.

                            

                             (c)   The Council  may require the applicant to verify  by an affidavit or declaration on oath before a magistrate any statement made in her application, or any further statement which it things necessary, and may, if it thinks it fit require the applicant to attend in person at a meeting of the Council at which the matter is to be considered.

 

                             (d)   If, upon consideration of the application and of the evidence furnished in support  of it,  the Council is satisfied that the name of the applicant should be restored to the register, it may direct the Registrar accordingly and upon payment by the  applicant  of the prescribed fee her name shall be restored to the  register and a new certificate together with a badge.  If  any  shall be  issued to her,  if the certificate originally granted has been cancelled under rule 52.

 

 

 

 

 

 

Contd. 14

:: 14 ::

 

RULES REGULATING THE SELECTION OF PANELS AND THE CONSTITUTION AND PROCEDURE OF THE  TRIBUNAL (SECTION 11 (2) (e) OF THE  ACT.

- - - - -

 

             55.          (1)   The  strength of the panels referred to in clauses (a) (b) and (c) of sub section (2) of  Section 8 of  the Act shall be six in each case.

 

                             (2)   The selection of the panel of registered medical practitioners under the said clause (b) and the filling of vacancies therein shall be made by the Medical Council.

 

                             (3)   The selection of the panel  of registered nurses under the said clause (c) and the filling of  vacancies therein shall be made so far as may be  practicable in accordance with the rules  for the time being in force for the conduct of elections by members of  the council.

 

                             (4)   The selection of the persons to constitute the Tribunal  from the panels referred to in clauses (a) (b) and (c)  of sub section (2)  of Section 8 shall, in each case be made by the Government.

 

                             (5)   The person selected as a member of the Tribunal from the panel under the said clause (a) consisting of persons with experience as Magistrates or Civil Judges shall  preside over its proceedings.

 

                             (6)   The  appeal shall be decided in accordance with the opinion of the majority of the  persons constituting  the Tribunal.

 

                             (7)   The procedure to be followed by the  Tribunal shall be that  of the Council  mutatis Mutandis.

 

RULES PRESCRIBING  THE  FEES TO BE PAID IN RESPECT OF
APPEALS (SECTION 11 (2) (f) OF THE ACT

- - - - -

             56.          The State Government shall fix the fee to be paid in respect of the appeal under the Act provided however that such fee shall not  exceed Rs. 100/- in any case.

 

RULES REGULATING THE APPLICATION OF FEES RECEIVED
UNDER SECTION 11 (2) (g) OF THE ACT

- - - - -

             57.          All fees levied under this Act shall be credited to the Council and all such fees and all money received by the Council shall be applied for the purposes of this Act, such as :-

                            

                            1.  Salary of the Registrar              2   Salary of Estt.,

                            3.  Election Expenses                     4.  Printing of forms,  Certificates etc.,

                            5.  Office  Rent                              6.  Travelling allowance of  members,

                            7.  Legal  expenses                        8.  Stationery, Postage etc.

                            9.  Inspection of Training schools to accord recognition and

Contd. 15

:: 15 ::

 

APPENDIX

FORM: I

             Register showing particulars of the members of  the Council (See R-2)

                   1.      Name

                   2.      Address

                   3.      Whether nominated or elected, and in the case of elected member, by whom elected.

                   4.      Tenure

                   5.      Date of commencement of tenure of office

                   6.      Date on  which the tenure of office will expire in the ordinary course.

                   7.      If the appointment terminates before the due date mentioned in col.6 then the date and reason for such termination. 

                                    FORM : II Nomination Paper (see Rule - 8)

                   1.      Name of the Candidate

                   2.      Registration Certificate number of candidate on the Electoral roll.

                   3.      Address

                   4.      Registration Certificate No.  of proposer on the electoral roll.

                   5.      Signature of proposer

                   6.      Registration Certificate number of  seconder on the Electoral  roll.

                   7.      Signature of the Seconder

                   8.      I declare that I am willing to stand  for elections.

                                                                                               

                                                                                                         Signature of Candidate.

 

Nomination paper which are not received by the  Returning Officer
before .........................................will be  invalid.

 

FORM :  III  Voting Paper - (See Rule-13)

 

                   Counterfoil                                                 Foil

                   Serial No.                                                   Serial No.

The Number of candidate to be elected is / Serial numbers and  names of the candidates duly nominated.

 

I  hereby declare that I am                                                      vote

the person whose name                              (1)

appears in the electoral                              (2)

roll       as    number                                   (3)

..................????...                            (4)

                                                                                    (5)

                                                                                    (6)

          Signature of Elector.                                            (7)

          Address :                                                            (8)

 

 

 

Contd. 16

 

:: 16 ::

 

          Voting  papers shall be sent to the Returning Officer by Registered post. Voting papers not received by the Returning Officer before noon                           day of                will be rejected.

 

The returning officer will commence the counting of votes at (Place) at (time).


Returning   Officer

 

Instructions :

 

          1.       Each elector has as many votes as there are members to be elected.

          2.       A cross mark (X) should be placed in the column ?Vote  opposite the name of the candidate or candidates for whom the elector wishes to vote.

          3.       The cross mark should be placed opposite the name or names intended.  If the mark  or marks are not  so placed, the vote will become invalid.  The number of candidates to be elected.

          4.       The elector should make the following declaration on the counterfiol: I hereby declare that I am the person whose name appears in the Electoral  Roll and append his  signature there to.  Without such declaration  and signature, the voting  paper will be invalid.

          5.       Not more than one voting  paper shall be filled in  by each elector.

 

Form  IV :     application for Registration (See Rule 31)

 

To

The Registrar,

A.P. Nurses, Midwives, Auxiliary Nurse-Midwives and

Health Visitors Council,

Sultan Bazar, Hyderabad (A.P.)

 

Sir,

 

 

             1.  (1)                  (2)  European/Anglo-Indian/Indian ?

                  ..???????
(3)                Single/Married/Widow

 

 

hereby request the A.P.N.M. ANM and H.V. Council to enter my name in the Register of Nurses/Midwives/Auxiliary Nurse-Midwives/Health Visitors.  I forward herewith  the registration fee of  Rs. ................ and I promise in the  event of my being  so  registered and in consideration thereof  to be bound by and  to conform  to in all respects to the rules and regulations for the time being  in force.

 

             2.   I forward herewith my diploma  and  certificate of training and copies of the

                   same.

 

 

 

 

Contd. 17

:: 17 ::

             3.   I furnish below the names and addresses of three persons to whom reference may be made as to my character and  professional efficiency : - 1 ......................................
2 ...............................................    3 .............................................

 

             4.     I bear the two marks specified below, by which I may be identified.                       1 ....?????????.    2  .......................................

 

             5.     I declare that the particulars given in this form are inevery respect complete and true.

 

                                                                                                Yours faithfully,

 

Signature of Witness :                                                    (Signature of the applicant)

Address of  Witness :

Place:               Date:

 

Note :      An  applicant who desires the entry of her name in the Registration of Nurses/and in the  Register of  Midwives, Auxiliary Nurse-Midwives or Health Visitors should fill in and submit a  separate form for each application.

 

INSTRUCTIONS  FOR FILLING IN FORM

 

(1)  here enter full name : (2)  Here state whether single, married or widow.  If married or widow give name before marriage or it /time of undergoing  training : (3) here give full postal  address of permanent residence.  (4) The Register of Nurses is devided into seven Section as shown below:

 

Section A:        Represents nurses trained and registered in Grant Britain or in approved general training schools in the State of Andhra Pradesh.

Section B:        Represents  nurses trained in foreign general  training schools and nurses trained in approved general training schools outside the state of Andhra Pradesh.

Section C:        Represents nurses who have undergone general training in a language of the State in a  Hospital  in Andhra Pradesh.

Section D:        Represents nurses who have undergone training in Hospitals for Women and Children in the English language.

Section E:        Represent nurses who have undergone training in hospitals for women and children in a  language  of the State.

Section F:        Represents male nurses trained in the English language.

Section G:        Represents male Nurses Trained in a language of the State.

 

(5)   Here strike out in appropriate term.

 

(6)   Here give full name and address of institutions where trained.

 

Contd. 18

:: 18 ::

 

Form -v

 

FORM OF  TESTIMONIAL AS TO THE CHARACTER
( Spe.   Rule   35 )

 

(Confidential)

 

             To

             The Andhra Pradesh Nurses, Midwives, Auxiliary Nurse-Midwives and Health Visitors Council.

 

                             I certify that I  have known .......................................... personally  for

.......................... years and that she is trustworthy sober and of good moral character.

 

             Remarks.

                                                                                     Signature:

                                                                                     Address:

                                                                                     Occupation:

                                                                                     Dated :

 

 

form - vI  :         FORM OF TESTIMONIAL AS TO CHARACTER AND
       PROFESSIONAL  EFFICIENCY   (SEE   RULE   36 )

- - -

(To be given by a superintendent or Nursing, registered Medical  Practitioner,  or other responsible person under whom the applicant has worked within three years prior to the date of application)

CONFIDENTIAL :  To the  A.P.N.M. ANM and H.V. Council  .......................................

                             I certify that I have known  .................................  personally
for .............................  years and that she has discharged her professional  duties at all times in such a manner as to enable me to  recommend her for registration by the  Council and that she is trustworthy,  sobber and of good moral character.

 

Date:                     Remarks :

                                                                                     Signature:

                                                                                     Address   :

                                                                                     Professional                           Position.

Contd. 19

:: 19 ::

FORM  VII  - Certificate of Registration - (See Rule 36)

- - - - -

(The Andhra Pradesh N.M.ANM and H.V. Council Constituted under the A.P.N.M. ANM and H.Vs Act, 1926. )

- - - - -

             This is to certify that ( Name in full)   ....................................... having taken a course of training at (Name of training School)  .................................. from ........................ to ............................ has  passed the examination for Nurses/Midwives/Auxiliary Nurse-Midwives/Health Visitors etc., conducted by (Name of the Examining Board  ...................... on (Date)  ................... and  is admitted to Section   ........... of the register maintained under the provisions of the A.P.N.M. ANM and H.Vs Act, 1926 as a  registered Nurse/Midwife/Auxiliary Nurse-Midwife/Health Visitor etc.,

             The number assigned to him/her in the register is ................. dated .................... the .................. day ............. of  19 .................

                    SEAL                           President:                             Registrar:

                                                                                                   

                                                                                                    Dated : 

 

FORM - VIII: Certificate of Registration (See Rule 37)

 

Register No.

 

             The Andhra Pradesh N.M. ANM and  H.V Council (Under the A.P.N.M. ANM and H.Vs. Act, 1926)

 

             I certify that  .................................. was admitted on .................... to the Register of Nurses/ Midwives/Auxiliary Nurse-Midwives/ Health Visitors maintained by  the  A.P.N.M. ANM and H.V. Council  and that she is entitled in pursuance of the A.P.N.M. ANM and H.Vs Act, 1926 to take and use the title of Registered Nurse / Regd.  Midwife, Regd. ANM / Regd. H.V. as the  case may be 

 

                    SEAL                           President                              Registrar

 

                                                                                                    Dated : 

 

 

 

Contd. 20

:: 20 ::

FORM - IX

THE ANDHRA PRADESH NURSES, MIDWIVES, AUXILIARY NURSE MIDWIVES, AND HEALTH VISITORS ACT,  1926

- - - - -

(The Nurses, Midwives, Auxiliary Nurse-Midwives and Health Visitors Council,
Hyderabad - See Rule  44)

- - - - -

                    To

                    Take notice that the  charge (or charges) against ...................... of ......................... which are set berth below  has been brought to the notice of  the Council and that the Council proposes to investigate such charge (s) at a meeting  to be held at the office of the Council at ....................... on  ......................... the .............................. day  of .......................................197 at ...............................  A.M. and  to determine whether your name should be  removed from the register.

                    (Particulars of Charge(s)

                    You are hereby required to attend before the Council at the time and place mentioned above and to answer such charge (s)  bringing with you all papers and documents in your possession relevant to the matter and any persons whose evidence you wish  to lay before the Council.

                    The following points should be carefully noted:-

                   (a)     You are entitled to be represented at the hearing before the Council by a friend  or by a lawyer, but if you propose to employ a lawyer, you must give written notice to the registrar at the address mentioned above at least seven days before the hearing.

 

                   (b)     It is imperative that you should either send to the registrar before the date fixed for the hearing, or bring with  you to   the hearing your certificate (and badge).

 

                    A copy of the rules of the A.P.N.M ANM and H.V Council is enclosed and your  attention is directed to the rules framed under clause  (d) sub section (2) of Sec. 11 of the Act.

 

-:o0o:-