Union of India - Act
National Nursing and Midwifery Commission Rules, 2024
UNION OF INDIA
India
India
National Nursing and Midwifery Commission Rules, 2024
- Published in Gazette of India on 13 March 2024
- Not commenced
- [This is the version of this document from 13 March 2024.]
- [Note: The original publication document is not available and this content could not be verified.]
Whereas, the National Nursing and Midwifery Commission (Manner of Appointment and Nomination of Members, Secretary and Members of Autonomous Boards, their Salary, Allowances and Terms and Conditions of Service, and Declaration of Assets, Professional and Commercial Engagements) Rules, 2023 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), dated the 17th November, 2023 vide notification number G.S.R.847 (E), dated the 17th November, 2023 in exercise of the powers conferred by sub-section (1) of section 51 of the National Nursing and Midwifery Commission Act, 2023 (26 of 2023), inviting objections and suggestions from all the persons likely to be affected thereby, within thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;And whereas, copies of the said Official Gazette were made available to the public on 17th November, 2023;And whereas, the objections and suggestions received from the public on the said draft rules within the period specified in the said notification have been considered by the Central Government;Now, therefore in exercise of the powers conferred by clauses (a), (b), (c), (d), (e), (f), (g),(h), (i), (j), (k), (o) and (p) of sub-section (2) of section 51 of the National Nursing and Midwifery Commission Act, 2023 (26 of 2023), the Central Government hereby makes the following rules, namely: -(1) These rules may be called the National Nursing and Midwifery Commission Rules, 2024. (2) They shall come into force from the date of their publication in the Official Gazette. (1) In these rules, unless the context otherwise requires,- (a) "Act" means the National Nursing and Midwifery Commission Act, 2023 (26 of 2023);(b) "Board" means an Autonomous Board constituted under section 11;(c) "Commission" means the National Nursing and Midwifery Commission constituted under section 3;(d) "Secretary" means Secretary of the Commission appointed under sub-section (1) of section 8;(e) "Section" means section of the Act;(f) "State Commission" means the State Nursing and Midwifery Commission constituted under section 23;(g) "State" shall include a Union territory Administration;(h) "zone" means any of the six zones specified in rule 4;(i) "whole-time Members of Commission" means the Members nominated or appointed under clauses (i), (j), (k) and (l) of section 4.(2) Words and expressions used herein but not defined and defined in the Act, shall have the meaning assigned to them in the Act. (1) The Central Government shall nominate three Members, not below the rank of Chief Nursing Officer or Nursing Superintendent of any of the hospitals or Dean or Principal of College of Nursing, as the case may be, from Central Government hospitals or Nursing and Midwifery Institutions of repute, for a term of two years. (2) In the event of occurrence of vacancy, including by reason of death, resignation or removal, as the case may be, of a Member under this rule, the Central Government shall nominate another person as Member at the earliest and within three months from the date of occurrence of such vacancy and the person so nominated shall remain a member for a full term of two years. (1) The Central Government shall nominate six Chairpersons of the State Commissions, one from each of the six zones, on rotational basis after every two years, by draw of lots on such date as may be decided by the Central Government. (2) There shall be six draw boxes representing six zones out of which a single slip shall be picked from each of the six draw boxes. (3) The draw of lots at every subsequent two-year interval, shall be restricted to those States or Union territories not represented as Members in the immediately preceding term. (4) The draw of lots shall be conducted with paper slips of uniform size, colour and design bearing individual names of each State and Union territories, which shall be folded in such manner so as to preserve the confidentiality. (5) The draw of lots shall be conducted in the presence of the Union Health Secretary. (6) In case of vacancy in the office of a Chairperson of the State Commission, the State Government shall nominate any other Member from the State Commission as a member under this rule until a person is nominated to the post of Chairperson of the State Commission and the person so nominated as Chairperson of the State Commission shall become the member of the Commission only for the remaining term of two years. (7) The draw of lots for members under this rule shall be held first, followed by the draw of lots under rule 7. (1) Six Members shall be nominated to the Commission under clause (i) of section 4, from each of the six zones, from amongst nursing members of eminence, from nursing and midwifery profession of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of nursing and midwifery from any University and having experience of not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shall be as a nursing and midwifery leader. (2) A single nomination shall be made, from each of the six zones, on rotation basis after every two years, by draw of lots, on such date as may be decided by the Central Government. (3) There shall be six draw boxes representing six zones out of which a single slip shall be picked from each of the six draw boxes. (4) The first draw of lots for nomination of Members under this rule shall be restricted to those States and Union territories not represented under rule 6 and the draw of lots at every subsequent two year interval, shall be restricted to those States or Union territories not represented as Members in the immediately preceding term. (5) The draw of lots shall be conducted with paper slips of uniform size, colour and design bearing individual names of each State and Union territories, which shall be folded in such manner so as to preserve the confidentiality. (6) The draw of lots shall be conducted in the presence of the Union Health Secretary. (7) In the event of occurrence of vacancy of a Member, including by reason of death, resignation or removal, the State Government shall nominate another person in his place at the earliest and within three months and the person so nominated shall remain a Member in the Commission only for the remaining term of two years. (8) The State Government shall, before recommending any person for appointment as a Member under this rule, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as a Member of the Commission. (9) The Central Government shall, within three months before the end of tenure of the Member, write to the States and Union territories, to initiate the process of filling up of the vacancy. (1) The Central Government shall, on the recommendations of the Search-cum-Selection Committee, appoint,- (a) four Members under clause (j) of section 4, from amongst nursing and midwifery members of eminence, of which at least two shall be midwifery professionals, of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of nursing and midwifery from any University and having experience of not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shall be as a nursing and midwifery leader;(b) one Member under clause (k) of section 4, from amongst the charitable institutions which have been in operation for not less than fifteen years providing healthcare service and education, possessing the following qualifications and experience, namely:-(i) possessing a post graduate degree in any discipline of nursing and midwifery from any University;(ii) having not less than fifteen years experience in the field of nursing and midwifery, out of which at least four years shall be as a nursing and midwifery leader;(c) one Member under clause (l) of section 4, who shall be a person of eminence, from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including in management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics.(2) The Members appointed under sub-rule (1) shall hold office for a term of four years. (3) In the event of occurrence of vacancy of a Member under this rule, including by reason of death, resignation or removal, as the case may be, the Central Government shall appoint another person as Member at the earliest and within three months from the date of occurrence of such vacancy and the person so appointed shall remain a member for a full term of four years. (2) In the event of occurrence of vacancy, including by reason of death, resignation or removal, as the case may be, of a Member under this rule, the Central Government shall nominate another person as member to the Search-cum- Selection Committee at the earliest and within three months from the date of occurrence of such vacancy and the person so nominated shall remain a Member in the Search-cum-Selection Committee only for the remaining term of office of two years. (1) The salary payable to the Chairperson shall be equivalent the salary admissible to an Additional Secretary to the Government of India. (2) The salary payable to the whole-time Members of the Commission shall be equivalent to the salary admissible to an officer of the level of Joint Secretary to the Government of India. (3) Where the Chairperson or a whole-time Member of the Commission is a retired person from the Government, semi-Government agency, public sector undertaking or recognised research institution, the salary payable together with the pension or pensionery value of the terminal benefits, or both, received by such Chairperson or whole-time Member shall not exceed the last pay drawn. (4) Where the Chairperson or a whole-time Member of the Commission is in the service of the Central Government or a State Government or a Union territory Administration, his salary and allowances shall be regulated in accordance with the rules applicable to such Chairperson or whole-time Member in his parent cadre or department, or as per this rule, whichever is higher, and his appointment in the Commission shall be treated as being on deputation. (5) The Chairperson and whole-time Members of the Commission shall also be entitled to dearness allowance, travelling allowances and daily allowances appropriate to their pay at the rates admissible to officers of equivalent level in the Central Government. (1) The Central Government shall appoint a Secretary to the Commission who shall be a person of outstanding ability, proven administrative capacity and integrity and possessing the following qualifications and experience, namely:- (i) a postgraduate degree in any discipline related to Nursing from any University or Institute; and(ii) holding analogous post on regular basis in the present cadre or department; or(iii) with minimum three years' regular service in level 13 in the pay matrix or equivalent thereto; or(iv) with minimum seven years' regular service in level 12 in the pay matrix or equivalent thereto or above; and(v) having experience in the Central Government or a State Government or any statutory body or recognised organisation or institution of not less than fifteen years in his related service or profession along with administrative experience of not less than seven years;(2) The salary payable to the Secretary shall be equivalent to the salary of Joint Secretary to the Government of India. (3) The Secretary shall be entitled for dearness allowance, travelling allowances and daily allowances appropriate to his pay at the rates admissible to Joint Secretary to the Government of India. (4) A person who has completed the age of fifty-five years on the date of application shall not be eligible for the post of Secretary. (5) The Secretary shall hold office for a term of four years or till he attain the age of sixty years, whichever is earlier. (1) The Central Government shall appoint a second part-time Member for each of the Boards under sub-section (6) of section 12 by draw of lots from amongst the Members nominated under clause (h) of section 4 of the Act who have given their consent to serve as second part-time Member of Board and the name of any unwilling Member shall not be included in the draw box. (2) Three slips shall be picked from out of the six slips in the draw box containing the names of the six Members referred to in sub-rule (1). (3) The name appearing in the first slip shall be the second part-time Member of the Nursing and Midwifery Assessment and Rating Board, the name appearing in the second slip shall be the second part-time Member of the Nursing and Midwifery Ethics and Registration Board and the name appearing in the third slip shall be second part-time Member of the Nursing and Midwifery Undergraduate and Postgraduate Board. (4) The draw of lots shall be conducted in the presence of the Union Health Secretary. (5) The tenure of the Members shall be co-terminus with their membership of the Commission under clause (h) of section 4. (6) In the event of occurrence of vacancy of a Member at any time, the Central Government shall appoint another part-time Member in the manner provided in this rule. (1) The salary payable to the President and whole-time Members of Boards shall be equivalent to the salary admissible to a Joint Secretary to the Government of India. Provided that where the President or a whole-time Member of a Board, is a retired person from the Government, semi-Government agency, public sector undertaking or recognised research institution, the salary payable together with the pension or pensionery value of the terminal benefits, or both, received by such President or whole-time Member shall not exceed the last pay drawn.(2) Where the President or a whole-time Member is in the service of the Central Government or a State Government or a Union territory Administration, his salary and allowances shall be regulated in accordance with the rules applicable to such President or a whole-time Member in his parent cadre or department, or as per sub-rule (1), whichever is higher, and his appointment in the Commission shall be treated as being on deputation. (3) The President and whole-time Member of a Board shall be entitled for dearness allowance, travelling allowances and daily allowances appropriate to their pay at the rates admissible to officers of equivalent level in the Central Government. (1) The Central Government shall be the authority competent to sanction leave to the Chairperson of the Commission. (1) The Chairperson of the Commission shall be the authority competent to sanction leave to,- (a) whole-time Members of the Commission and the Secretary of the Commission; and(b) President of a Board.(2) The President of a Board shall be the authority to sanction leave to a whole-time Member of that Board. (1) The Commission shall decide on the premature termination and compensation payable to the regular employees of the erstwhile Indian Nursing Council within a period of one year as provided in sub-section (5) of Section 56. (2) An employee of the erstwhile Indian Nursing Council, unless continued with the Commission on contract basis, shall be paid an advance amount equivalent to three months' salary at the time of termination of his service which shall be deducted from the total compensation package. (3) An employee of the erstwhile Indian Nursing Council who is not continued with the Commission, shall be paid compensation package including pensionary benefits applicable to such employee as per the terms and conditions of his service at the time of his appointment in the erstwhile Indian Nursing Council.