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L. A. BILL No. VIII OF 2020.

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 Seventy-first Year of the Republic of India, as follows :—

1.

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

2020.

2.

In section 3 of the Maharashtra Nurses Act, 1966 (hereinafter

referred to as “the principal Act”), in sub-section (3),—

(a) in clause (a),—

(i) for sub-clause (i), the following sub-clause shall be

substituted, namely :—

“(i) the Assistant Director of Health Services (Nursing);”;

Short title

Amendment of

section 3 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, 2020 (L. A. Bill No. VIII of 2020),

introduced in the Maharashtra Legislative Assembly on the 28th February 2020, is hereby

published under the authority of the Governor.

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

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

––––––––––––

RNI No. MAHENG /2009/35528

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(ii) after sub-clause (iii), the following sub-clause shall be added,

namely :—

‘‘(iv) the Superintendent of Nursing Services, Municipal

Corporation of Brihan Mumbai;”;

(b) in clause (b),—

(i) in sub-clause (i), for the words “one member” the words “two

members” shall be substituted;

(ii) in sub-clause (iv), the words “from each of the three Regions”

shall be deleted;

(iii) for sub-clauses (v), (vi), (vii) and (viii), the following sub-

clause shall be substituted, namely:—

‘‘ (v) one member, to be elected by the State Branch of the

Trained Nurses Association of India;”;

(c) for clause (c), the following clause shall be substituted,

namely :—

‘‘ (c) nominated members,—

five members, to be nominated by the State Government,—

(i) one from Registered Nurses,

(ii) one from Physicians,

(iii) one from Surgeons,

serving under Director of Medical Education and

Research;

(iv) one from Public Health Nurses;

(v) one from sister tutors or clinical instructors from

the recognized nursing institutions of the State.”.

3.

In section 4 of the principal Act, in sub-section (2), the second proviso

shall be deleted.

4.

In section 7 of the principal Act, in sub-section (1),—

(a) in clause (c), the word “or” shall be deleted;

(b) after clause (d), the following clauses shall be added,

namely :—

‘‘ (e) if he ceases to be eligible in the category from which he

was elected; or

(f) if he or his family member is owner or partner of any nursing

establishment, in any form whatsoever.”.

5.

In section 17 of the principal Act,—

(a) in sub-section (2), for the word “five” the word “three” shall be

substituted;

(b) in sub-section (5), in clause (b),—

(i) for the words “two rupees” the words “five hundred rupees”

shall be substituted;

Amendment

of section 4 of

Mah. XL of

1966.

Amendment of

section 7 of

Mah. XL of

1966.

Amendment of

section 17 of

Mah. XL of

1966.

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(ii) in the proviso, for the words “five rupees” the words “two

thousand rupees” shall be substituted;

(c) in sub-section (7), for the words “two rupees” the words “five

hundred rupees” shall be substituted.

6.

After section 18 of the principal Act, the following section shall be

inserted, namely :—

“18A.

(1) Any person, who has obtained the qualification for

registration as a nurse in the State other than State of Maharashtra,

desires to obtain reciprocal registration under the Act, shall make

an application in the prescribed form to the Registrar and shall

pay such fees as may be prescribed. On receipt of such application

and fees, the Registrar shall seek the approval of the President of

the Council for reciprocal enrolment of the applicant in the Register.

(2) Every person whose name is entered in the Register under

sub-section (1) shall be given a certificate of reciprocal registration

in such form as may be prescribed. Such certificate shall remain in

force, for such period, as may be specified therein.

(3) Any person who possesses reciprocal registration under

sub-section (1) shall not be eligible to stand as a candidate or to

vote at any election held under this Act.”.

7.

In section 19 of the principal Act, in sub-section (4), for the words

“five rupees” the words “five hundred rupees” shall be substituted.

8.

In section 27 of the principal Act,—

(a) in sub-section (9),—

(i) for the words “two hundred and fifty rupees” the words “five

thousand rupees” shall be substituted;

(ii) for the words “six months,” the words “one year,” shall be

substituted;

(iii) for the words “five hundred rupees,” the words “ten

thousand rupees,” shall be substituted;

(b) in sub-section (10),—

(i) for the words “fifty rupees” the words “two thousand rupees”

shall be substituted;

(ii) for the words “three months” the words “six months” shall

be substituted;

(iii) for the words “one hundred rupees,” the words “five

thousand rupees,” shall be substituted;

(c) in sub-section (11),—

(i) for the words “two hundred and fifty rupees” the words “five

thousand rupees” shall be substituted;

(ii) for the words “six months” the words “one year” shall be

substituted;

(iii) for the words “one thousand rupees,” the words “ten

thousand rupees,” shall be substituted.

Insertion of

new section

18A in Mah.

XL of 1966.

Amendment of

section 19 of

Mah. XL of

1966.

Amendment of

section 27 of

Mah. XL of

1966.

Reciprocal

Registration.

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9.

In section 28 of the principal Act, in sub-section (2),—

(a) for the words “one hundred rupees” the words “one thousand

rupees” shall be substituted;

(b) for the words “two hundred rupees” the words “two thousand

rupees” shall be substituted;

(c) for the words “three hundred rupees” the words “five thousand

rupees” shall be substituted.

10.

In section 31 of the principal Act,—

(a) in sub-section (3),—

(i) for the words “twenty five rupees” the words “one thousand

rupees” shall be substituted;

(ii) for the words “fifty rupees” the words “three thousand

rupees ” shall be substituted;

(iii) for the words “one hundred rupees” the words “five

thousand rupees” shall be substituted;

(b) in sub-section (4),—

(i) for the words “one hundred rupees” the words “one thousand

rupees” shall be substituted;

(ii) for the words “two hundred rupees” the words “two

thousand rupees” shall be substituted;

(iii) for the words “three hundred rupees” the words “five

thousand rupees” shall be substituted.

11.

In section 33 of the principal Act,—

(a) in clause (i), for the words “two hundred and fifty rupees” the

words “five thousand rupees” shall be substituted;

(b) in clause (ii),—

(i) for the words “six months” the words “one year” shall be

substituted;

(ii) for the words “five hundred rupees,” the words “ten

thousand rupees,” shall be substituted.

12.

In section 34 of the principal Act,—

(a) in clause (a), for the words “one hundred rupees” the words

“five thousand rupees” shall be substituted;

(b) in clause (b),—

(i) for the words “three months,” the words “six months,” shall

be substituted;

(ii) for the words “two hundred rupees,” the words “ten

thousand rupees,” shall be substituted.

13.

In section 38 of the principal Act, in sub-section (2),—

(a) after clause (j), the following shall be inserted, namely :—

“(j-1) under section 18A, the form of application for reciprocal

registration, fees therefor and form of certificate of reciprocal

registration;”;

(b) in clause (k), for the words “two rupees” the words “one thousand

rupees” shall be substituted.

Amendment of

section 28 of

Mah. XL of

1966.

Amendment of

section 31 of

Mah. XL of

1966.

Amendment of

section 33 of

Mah. XL of

1966.

Amendment of

section 34 of

Mah. XL of

1966.

Amendment of

section 38 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 for regulating the registration and training of

nurses in the State of Maharashtra. Section 3 of the Nurses Act provides for

constitution and incorporation of the Maharashtra Nursing Council for the

purposes of the Nurses Act consisting of certain ex-officio members, elected

members and nominated members as specified therein.

2.

The Government of Maharashtra has enacted the Maharashtra State

Board of Nursing and Paramedical Education Act, 2013 (Mah. XXIII of 2013)

and established the Maharashtra State Board of Nursing and Paramedical

Education. After the establishment of the said Board, the work related to

giving sanction or affiliation to the Nursing Institutes and conducting the

examinations have been transferred from the Maharashtra Nursing Council

to the said Board and the work related to registration of Nurses in the State

is left with the Maharashtra Nursing Council. At present, the administrator

is appointed on the Council. However it is necessary in the interest of nursing

profession, to conduct the election of the said Council with revised

constitution. It is also necessary to reorganize the constitution of the

Maharashtra Nursing Council and to revise the fees, penalties and criteria

of disqualification.

There is no provision in the Nurses Act, enabling the registration of the

nurses who are registered in their mother State, but migrating to the

Maharashtra for employment. Accordingly it is, necessary to incorporate

appropriate provision in the said Nurses Act for the reciprocal registration

of such nurses.

It is considered expedient to carry out suitable amendments in the

Nurses Act.

3.

The Bill seeks to achieve the above objectives.

Mumbai,

AMIT DESHMUKH,

Dated the 25th February 2020. Minister for Medical Education.

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MEMORANDUM REGARDING DELEGATED LEGISLATION.

The Bill involves the following proposal for delegation of legislative

power, namely :—

Clause 6.— Under the clause, which seeks to insert a new section

18A in the Maharashtra Nurses Act, 1966 (Mah. XL of 1966), power is

taken to the State Government to prescribe form in which an application

for reciprocal registration shall be made by any person who has obtained

the qualification for registration as a nurse in the State other than State

of Maharashtra, fees therefor and form of certificate of reciprocal

registration.

2.

The above-mentioned proposal for delegation of legislative power

is of a normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.