Maharashtra State Board Of Nursing And Paramedical Education Act, 2013

Section 1

This Act may be called the Maharashtra State Board of Nursing and Paramedical Education Act, 2013. It extends to the whole of the State of Maharashtra. This section shall come into force at once, and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification1 in the Official Gazette, appoint.

Section 2

In this Act, unless the context otherwise requires,- "appointed day" means the date on which the remaining provisions other than section 1 of this Act come into force under sub-section of section 1; "Board" means the Board established under section 3; "bye-laws" means the bye-laws made by the Board under section 46; "college or school" means an institution imparting diploma or post-diploma or advanced diploma in hospital administration and management or nursing and Paramedical Education recognized by the Board under this Act; "Diploma Level Education" means such nursing and Paramedical Education which follows Revised Auxiliary Nurse Midwifery, Revised General Nursing Midwifery and Post Certificate Diploma Courses, and Paramedical courses or Hospital Administration and Management or any other education specified by the Board excluding the degree courses and post graduate diplomas; "Director" means the Director of the Board appointed under sub-section of section 6; "examination" means one or more examinations conducted by the Board; "Government" means the Government of Maharashtra; "Governing Council" means the Governing Council of the Board established under section 8; "Head of Institution" or "Principal" means the head of the teaching staff of a nursing and paramedical diploma level institution or college or school, by whatever name designated; "Paramedical Education" means any degree, diploma or certificate in any paramedical qualification by whatever name called, granted by any University established by or under any law for the time being in force or any other institution, college or school recognized by the Government; "prescribed" means prescribed by regulations made under this Act; "Region" means the area comprised in each of the three regions as specified in Schedule I appended to this Act; "Registrar" means the Registrar of the Board; "regulations" means the regulations made by the Government under section 45 and by the Board under section 44; "Teacher" means a member of the nursing and paramedical teaching staff other than the Principal or the Head of Institution.

Section 3

The Government shall, by notification in the Official Gazette, establish for the purposes of this Act, a Board to be called "the Maharashtra State Board of Nursing and Paramedical Education".

Section 4

The Board shall be a body corporate having perpetual succession and a common seal, and shall have power to contract, acquire, hold and dispose of property, both movable and immovable, and to do all things necessary for the purposes of this Act and may sue and be sued by its corporate name.

Section 5

The Board shall consist of- the Director of the Board as a Chairman: Provided that, till the appointment of the Director under section 6, the Director, Medical Education and Research, Maharashtra State shall hold the charge of the Chairman; the State Nursing Superintendent as a Member; the Registrar as a Member-Secretary; and the Director, Board of Apprenticeship Training , Government of India, Ministry of Human Resource Development; the following members shall be nominated by the Government, namely:- one Principal from the Government Nursing Colleges in the State; two members from amongst the Principals and Head of Institutions, one from Government Institution and another from the Municipal Corporation Institution and among these, at least one shall be a woman; two members of whom one shall be from Nursing Teachers and one from Paramedical Teachers from the Government Diploma colleges or schools under the Directorate of Medical Education and Research and Directorate of Health Services; one representative of each Region who shall have minimum qualification of Post Graduation in the Nursing or Paramedical Education field and minimum five years' experience in such field: Provided that, a person shall cease to hold office as a member of the Board, if such person ceases to hold the post, designation or office, as the case may be, by virtue of which such person is so appointed, and such person shall inform the Chairman of the Board, in writing, of his having so ceased to be the member of the Board, within a week therefrom. The names of the persons other than the ex-officio members, who have been nominated, from time to time, as the members of the Board shall be published by the Government in the Official Gazette.

Section 6

The Board shall have a Director, who shall be appointed by the Government from amongst the persons qualified to be appointed as the Director of Medical Education of the Government and his name shall be published by the Government in the Official Gazette. The Director shall hold office for a term of five years from the date of the publication of his name in the Official Gazette. Nothing in sub-section shall affect the power of the Government to transfer, in the exigencies of public service, the Director to any other post under the Government during such term; and if the Director is superannuated in the service of the Government, he shall cease to be the Director, unless his services are extended or he is re-employed in the service of the Government and he is not transferred to some other post. The Government may, from time to time, extend the term of office of the Director of the Board, so, however, that the aggregate period of the term shall not exceed ten years. The Director shall be an employee of the Government, equivalent to the post of the Director of Medical Education of the Government and conditions of service and rules of recruitment of the Director shall remain same as that of the Director, Medical Education and Research. Where a temporary vacancy of the Director occurs by reason of leave, illness or other cause, the Government may appoint another person holding equivalent post to be the Director.

Section 7

The members of the Board other than the ex officio members, shall hold office for a term of five years from the date on which their names are published in the Official Gazette. The term of office of the outgoing member shall extend to, and expire with, the day immediately preceding the date on which the names of their successors are published in the Official Gazette. The members other than the ex officio members shall be entitled to such compensatory allowances as may be determined by the regulations.

Section 8

(1) The Government shall, by notification in the Official Gazette, establish the Governing Council which shall be an apex body to control and monitor the matters pertaining to Diploma Level Nursing and Paramedical Education and Examination at the State level.

(2) The Governing Council shall consist of the following, namely:- The Minister for Medical Education, State of Maharashtra, ... President. The Minister of State for Medical Education, State of Maharashtra, ... Vice-President. The Secretary or Principal Secretary or Additional Chief Secretary, as the case may be, Medical Education and Drugs Department, Government of Maharashtra, ... Member. Joint Secretary or Deputy Secretary, Medical Education and Drugs Department, Government of Maharashtra, ... Member. Director of Medical Education and Research, ... Member. Director of Health Services, ... Member. Director of Ayurved, ... Member. State Nursing Superintendent, ... Member. Principal, Government Occupational and Physiotherapy College, Nagpur, ... Member. Director of the Board, ... Member- Secretary.

(3) The Governing Council shall meet every three months in a year.

Section 9

A person shall be disqualified for being appointed or nominated as, or for continuing as, the Chairman or a member of the Board or any Committee constituted under this Act,- if he directly has any share or interest in any work done by order of, or in any contract entered into on behalf of, the Board; if he is a person against whom an order for removal from office has been made under section 12: Provided that, a person against whom such order is made, shall not be deemed to have been disqualified under this clause, if five years, or such lesser period as the Government may specify, has elapsed from the date of his removal from office.

Section 10

All casual vacancies in the office of the members of the Board, Governing Council or any Committee constituted by the Board shall be filled in as soon as may be, by nomination or appointment, as the case may be; and the person nominated or appointed in a casual vacancy shall hold office so long only as the member in whose place he is nominated or appointed would have held, if the vacancy had not occurred.