3. Constitution and incorporation of the Council.-
(1)The State Government may by notification in the Official Gazette, constitute a Council, to be called "the Maharashtra Nursing Council".(2)The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and may by the name aforesaid, sue and be sued.(3)The Council shall consist of the following members, that is to say :-(a)ex officio members,-(i)the Director of Health Services;(ii)the Director of Medical Education and Research;(iii)the Superintendent of Nursing Services, Government of Maharashtra;(iv)the Assistant Director of Health Services (Nursing);(v)the Director of Higher Education or his nominee not below the rank of Deputy Director;(vi)the Superintendent of Nursing Services of the Municipal Corporation of Greater Bombay.(b)elected members,-(i)one member, from each of the five Regions, to be elected by nurses registered in the Register under the relevant Region, from among themselves;(ii)one member, to be elected by the heads of private and municipal affiliated institutions which are recognised institutions, from amongst themselves;(iii)five members, to be elected by matrons of affiliated institutions, from amongst themselves;(iv)one members, from each of the five regions, to be elected by the sister tutors and clinical instructors of the affiliated institutions, from amongst themselves;(v)one member, to be elected by the members of the Maharashtra Medical Council constituted or deemed to be constituted under the Maharashtra Medical Council Act, 1965; and until such Council comes into existence, by the members of the Medical Council functioning in the State under the Bombay Medical Act, 1912, and the Central Provinces and Berar Medical Registration Act, 1916, from amongst themselves;(vi)one member, to be elected by the Co-ordination Committee (by whatever name called) of the local branches in the State of the Indian Medical Association;(vii)one member, to be elected by the professors and lecturers of the recognised colleges of Nursing including Institutes of Nursing Education in Maharashtra, from amongst themselves;(viii)one members, to be elected by the Heads (Principals) or recognised colleges of Nursing including Institutes of Nursing Education in Maharashtra, from amongst themselves;(ix)one member, to be elected by the Trained Nurses Association of India(Maharashtra State Branch), from amongst themselves; (c) nominated members, four members, to be nominated by the State Government, out of whom one shall be a Public Health Nurse and three shall be, from amongst the medical practitioners or teachers in Nursing colleges.(4)The President and Vice-President shall be elected by the members from amongst themselves.(5)The election of the members, and of the President and Vice-President, shall be held at such time, and at such place, and in such manner, as may be prescribed.(6)If, at any election, the electors fail to elect the requisite number of members or to elect the President or Vice-President, the State Government shall nominate such person or persons who are qualified to be elected, as it deems fit, to fill the vacancy or vacancies, and the person or persons so nominated shall be deemed to have been duly elected under this section.(7)Where any dispute arises regarding any election of a member, or of the President or Vice-President, it shall be referred to the State Government, and the decision of the Government shall be final.
