Section 10   [ View Judgements ]

Recognition of qualification


(1) For the purposes of this Act, the qualifications included in [1] Part l of the Schedule shall be recognised qualifications, and the qualifications included in Part ll of the Schedule shall be recognised higher qualification.



(2) Any authority within the State [2] which, being recognised by the State Government [3] in consultation with the State Council, if any, for the purpose of granting any qualification, grants a qualification in general nursing, midwifery, [4] auxilary nursing midwifery , health visiting or public health nursing, not included in the Schedule may apply to the council to have such qualification recognised, and the Council may declare that such qualification, or such qualification only when granted after a specified date, shall be a recognised qualification for the purposes of this Act.



(3) The Council may enter into negotiations with any authority [5] in any [6] territory of India to which this act does not extend or foreign country [7] which by law of [8]such territory or country is entrusted with the maintenance of a register of nurses, midwifes or health visitors, for the settling of a scheme of reprocity for the recognition of qualifications, and in pursuance of any such scheme the Council may declare that a qualification only when granted by any authority in any [9] such territory or country, or such qualification only when granted after a special date, shall be recognised qualification purpose of this act.



Provided that no declaration shall be under this sub-section in respect of any qualification unless by the law and practice [10] of the foreign country in which the qualifications is granted persons domiciled or originating [11] in India [12] and holding qualifications recognized under this act are permitted to enter and practice the nursing profession [13] in that country



Provided further that -



(i) any reciprocal arrangement subsisting at the date of commencement of this act between a State Council and any authority outside India from the recognition of qualifications shall, unless the council decides otherwise, continue in force, and



. [14] (ii) any qualification granted by an authority in a territory of India to which this act did not extend at the date of its commencement, and recognised on the said date by the State Council of a State to which this Act then extended, shall continue to be a recognised qualification for the purpose of registration in that State.



(4) The provision of sub-sections (2) and (3) and of section 14 and 15 shall apply mutatis mutandis to the declaration by the council of a qualification granted in respect of post- certificate nursing training as a recognised higher qualification.



FOOTNOTES:

1. Inserted by Act 45 of 1957 , Section 6 (w.e.f.1-12-1958).

2. The words 'of India' omitted by the Adaptation of Laws Order, 1950 .

3. Inserted by Act 45 of 1957 , Section 6 (w.e.f.1-12-1958).

4. Inserted by Act 45 of 1957 , Section 6 (w.e.f.1-12-1958).

5. Substituted by Act 75 of 1950 , Section 2, for 'in any state or country outside the state'.

6. Substituted by the Adaptation of Laws (No.3) Order, 1956, for 'Part B State'.

7. The words 'of India' omitted by the Adaptation of Laws Order, 1950 .

8. Substituted ibid.for such state.

9. Substituted ibid.for such state.

10. Substituted by Act 75 of 1950 , Section 2, for 'of the state or country '.

11. Substituted by Section 2, ibid., for 'in state'.

12. The words 'of India' omitted by the Adaptation of Laws Order, 1950 .

13. Substituted by Section 2, ibid., for 'in that state or country '.

14. Inserted by Act 45 of 1957 , Section 6 for the former Clause (w.e.f.1-12-1958).

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