Section 23 - National Nursing and Midwifery Commission Act, 2023

The National Nursing and Midwifery Commission Act, 2023

Chapter IV

State Nursing and Midwifery Commissions

23. Constitution and composition of State Nursing and Midwifery Commission.-

(1) Every State Government shall, within one year from the commencement of this Act, by notification, constitute a State Nursing and Midwifery Commission, where no such State Commission exists in that State by a State Law, for exercising such powers and discharging such duties as may be laid down under this Act.

(2) The State Nursing and Midwifery Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.

(3) The State Commission shall consist of the following Members, namely:-

(a) a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in nursing and midwifery from any University and having experience of not less than twenty years in the field of nursing and midwifery, out of which at least ten years shall be as a nursing and midwifery leader, to be nominated by the State Government-Chairperson;

(b) one Director or Additional Director or Joint Director representing nursing in the Health Department of the State Government-Member, ex officio:

Provided that if no such position exists in a State, the in-charge for nursing education and services may be appointed as such Member;

(c) two persons not below the rank of Dean or Head of the Department from any nursing or midwifery college or institute of the State Government-Members, ex officio;

(d) two persons of eminence, one from nursing and one from midwifery profession having such qualifications and experience as may be prescribed by the State Government, to be nominated by the State Government-Members;

(e) two persons of eminence, one from nursing and one from midwifery associates, to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government-Members;

(f) two persons, one from nursing and one from midwifery, representing charitable institutions engaged in education or services in connection with nursing and midwifery having such qualifications and experience as may be prescribed by the State Government, to be nominated by the State Government-Members.

(4) The Chairperson, and Members of the State Commission referred to in clauses (a), (d), (e) and (f) of sub-section (3), shall hold office for a term not exceeding four years, as the State Government may notify in this behalf, from the date on which they enter upon their office, and shall not be eligible for any extension or reappointment.