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L. A. BILL No. IX OF 2018.

A BILL

further to amend the Maharashtra Nurses Act, 1966.

WHEREAS it is expedient further to amend the Maharashtra Nurses

Act, 1966, for the purposes hereinafter appearing; it is hereby enacted in the

Sixty-ninth Year of the Republic of India, as follows :—

(1) This Act may be called the Maharashtra Nurses (Amendment)

Act, 2018.

(2) It shall come into force on such date as the State Government may,

by notification in the Official Gazette, appoint.

In section 4 of the Maharashtra Nurses Act, 1966 (hereinafter

referred to as “the principal Act”),—

(a) in sub-section (2),—

(i) before the existing proviso, the following proviso shall be

inserted, namely:—

Short title and

commencement.

Amendment

of section 4 of

Mah. XL of

1966.

Mah. XL

of 1966.

Mah. XL

of 1966.

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In pursuance of clause (3) of article 348 of the Constitution of India, the following

translation in English of the Maharashtra Nurses (Amendment) Bill, 2018 (L. A. Bill No. IX of 2018),

introduced in the Maharashtra Legislative Assembly on the 14th March 2018, is hereby published under

the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

—————————

RNI No. MAHENG / 2009 / 35528

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(1)

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“Provided that, the State Government may, by order, give

extension to a Member, President or Vice-President, even after

expiry of his term, initially, for such period not exceeding six

months, which period may, in the like manner further be

extended by a further period not exceeding six months, so that

the total period of extensions shall not exceed one year in the

aggregate : ” ;

(ii) in the existing proviso, for the words “Provided that” the

words “Provided further that” shall be substituted ;

(b) sub-sections (3), (4) and (5) shall be deleted.

In section 40 of the principal Act, after sub-section (2), the following

sub-section shall be added, namely :—

“ (3) Notwithstanding anything contained in this Act, if for any

reasons the Council cannot be constituted after expiry of the term of

Members including President and Vice-President as specified in sub-

section (2) of section 4 or after expiry of period of extension granted

under the first proviso to the said sub-section (2) of section 4, as the case

may be, the Government may appoint an administrator or Board of

administrators for exercising all the powers and performing duties and

discharging the functions conferred and imposed upon the Council by or

under this Act, initially for a period not exceeding one year and thereafter

for such further period or periods so that the total period shall not exceed

two years in the aggregate. ” .

Amendment

of section 40

of Mah. XL

of 1966.

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STATEMENT OF OBJECTS AND REASONS.

The Maharashtra Nurses Act, 1966 (Mah. XL of 1966) is enacted to unify

and make better provision in the law regulating registration and training of

nurses in the State of Maharashtra and to provide for matters connected

with the purposes aforesaid. The provisions of the said Act have lastly been

amended by Mah. XXIII of 2013. Section 3 of the said Act of 1966 provides for

constitution of the Maharashtra Nursing Council for the purposes of the said

Act consisting of certain ex-officio members, elected members and nominated

members as specified therein. Elections of the members of the Council are

conducted as per the Maharashtra Nursing Council Rules, 1971 framed under

the said Act.

Sub-section (2) of section 4 of the said Act provides that a member,

other than an ex officio member, shall hold office for a term of five years from

the date of publication of the notification under sub-section (1) thereof.

However, in view of the provisions of sub-sections (3), (4) and (5) of section 4

of the said Act the term of existing members and President and Vice-President

shall be deemed to extend till their successors take charge of their office.

There is no provision in the said Act enabling the Government to appoint

administrator for the period during which the term five years of elected

members of Council is complete and the new members take charge after

elections.

It is, therefore, considered expedient to suitably amend section 4 of

the said Act to restrict the term of elected members till five years and with

power of the State Government to grant extension to a member, President or

Vice-President, even after expiry of his term which period of extension shall

not exceed one year in the aggregate. It is also proposed to amend section 40

so as to empower the State Government to appoint administrator or Board

of administrators in the intervening period if for any reasons the council

cannot be constituted after expiry of the term of members.

The Bill seeks to achieve the above objectives.

Mumbai,

GIRISH MAHAJAN,

Dated the 7th March 2018.

Minister for Medical Education.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely :—

Clause 1(2).— Under this clause, power is taken to the State Government

to bring the Act into force on such date as the State Government may, by

notification in the Official Gazette, appoint.

Clause 2(a).— Under this clause, power is taken to the State Government

to issuing an order granting an extension to a Member, President or

Vice-President of the Maharashtra Nursing Council constituted under the

Maharashtra Nurses Act, 1966 (Mah. XL of 1966) even after expiry of their term.

Clause 3.— Under this clause, power is taken to the State Government

to appoint an administrator or Board of administrators for exercising all the

powers and performing duties and discharging the functions conferred and

imposed upon the council by or under the said Act if for any reasons the

council cannot be constituted after expiry of the term of members thereof.

The above-mentioned proposals for delegation of legislative power

are of normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.