3. National Nursing and Midwifery Commission.—(1) The Central Government shall constitute a
Commission, to be known as the National Nursing and Midwifery Commission, with effect from such date
as it may, by notification, appoint, for exercising such powers and discharging such duties as are laid down
under this Act.
(2) The National Commission shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose
of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the National Commission shall be at New Delhi.
4. Composition of National Commission.—The National Commission shall consist of a Chairperson,
sixteen ex officio Members and twelve Members as follows, namely:—
(a) a person having outstanding ability, proven administrative capacity and integrity and possessing a
postgraduate degree in nursing and midwifery profession from any University with 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 appointed by the Central Government—Chairperson;
(b) one representative of the Department of Health and Family Welfare, Ministry of Health and Family
Welfare, not below the rank of Joint Secretary to the Government of India who is in-charge of nursing and
midwifery—Member, ex officio;
(c) one representative of the Ministry of Defence not below the rank of Additional Director General,
Military Nursing Services to the Government of India in the Directorate General of Armed Forces Medical
Services—Member, ex officio;
(d) one representative of the Directorate General of Health Services not below the rank of Additional
Director General—Member, ex officio;
(e) one person representing the National Medical Commission not below the rank of Deputy Secretary
to the Government of India—Member, ex officio;
(f) President of each of the Autonomous Boards constituted under section 11—Members, ex officio;
(g) three persons, 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, to be nominated by the Central
Government from Central Government hospitals or Nursing and Midwifery Institutions of repute in such
manner as may be prescribed—Members, ex officio;
(h) one person from each of the six zones, as may be prescribed, not below the rank of Chairperson,
who shall be a nursing and midwifery professional, representing the State Commissions, on biennial
rotation in the alphabetical order as per the zonal distribution of States and Union territories, to be
nominated in such manner as may be prescribed—Members, ex officio;
(i) six nursing members of eminence, one from each of the six zones, as may be prescribed, from nursing
and midwifery profession of outstanding ability, proven administrative capacity and integrity, possessing a
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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, to be nominated by the State Governments in such manner as may be
prescribed—Members:
Provided that the States and Union territories represented under clauses (h) and (i) shall be distinct;
(j) four 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, to be nominated by the Central Government in such manner as may
be prescribed—Members;
(k) one person representing charitable institutions engaged in education or services in the field of
nursing and midwifery and having such qualification and experience, to be appointed by the Central
Government in such manner as may be prescribed—Member; and
(l) a person of eminence to be appointed by the Central Government, in such manner as may be
prescribed, from amongst persons of ability, integrity and standing, who have special knowledge and
professional experience in such areas including management, law, medical ethics, health research,
consumer or patient rights advocacy, science and technology and economics—Member.
5. Search-cum Selection Committee for appointment of Chairperson and Members of National
Commission.—(1) The Central Government shall appoint—
(i) the Chairperson and Members referred to in clauses (a), (j), (k) and (l) of section 4;
(ii) the Secretary referred in sub-section (2) of section 8; and
(iii) the President and Members of Autonomous Boards referred in sub-sections (3), (4) and (5) of
section 12,
on the recommendations of a Search-cum-Selection Committee consisting of—
(a) the Secretary, Ministry of Health and Family Welfare—Chairperson;
(b) four nursing and midwifery experts possessing outstanding qualifications and experience of not
less than twenty-five years in the field of nursing and midwifery education, public health nursing
education and nursing health research, to be nominated by the Central Government in such manner as
may be prescribed—Members;
(c) one person, possessing outstanding qualifications and experience of not less than twenty-five
years in the field of management or law or economics or science and technology, to be nominated by
the Central Government in such manner as may be prescribed—Member; and
(d) an Additional Secretary or a Joint Secretary to the Government of India in-charge of nursing in
the Ministry of Health and Family Welfare, to be the Convenor—Member.
(2) The Central Government shall, within one month from the date of occurrence of any vacancy,
including by reason of death, resignation or removal of the Chairperson or Secretary or a Member, or within
three months before the end of tenure of the Chairperson or Secretary or Member, make a reference to the
Search-cum-Selection Committee for filling up of the vacancy.
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(3) The Search-cum-Selection Committee shall recommend a panel of at least three names for each
vacancy.
(4) The Search-cum-Selection Committee shall, before recommending any person for appointment of
the Chairperson or Secretary or Member, satisfy itself that such person does not have any financial or other
interest which is likely to affect prejudicially his functions as such Chairperson or Secretary or Member.
(5) No appointment of the Chairperson or Secretary or Member of the National Commission or, as the
case may be, the President or Member of the Autonomous Boards, shall be invalid merely by reason of any
vacancy or absence of a Member in the Search-cum-Selection Committee.
(6) Subject to the provisions of sub-sections (2) to (5), the Search-cum-Selection Committee may
regulate its own procedure.
6. Term of office and conditions of service of Chairperson and Members of National
Commission.—(1) The Chairperson, Secretary and Members of the National Commission referred to in
clauses (i), (j), (k) and (l) of section 4, shall hold office for a term not exceeding four years, as the Central
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.
(2) A person who has completed the age of sixty-five years on the date of application shall not be
eligible for the post of Member of the National Commission.
(3) The term of office of an ex officio Member shall continue as long as such Member holds the office
by virtue of which he is a Member.
(4) Where a Member appointed to the National Commission under clause (i) or clause (j) or clause (k)
or clause (l) of section 4, is absent from three consecutive ordinary meetings of the National Commission
and the cause of such absence is not attributable to any valid reason in the opinion of the National
Commission, such Member shall be deemed to have vacated the seat.
(5) The Chairperson of the National Commission and the Members of the National Commission
referred to in clauses (i), (j), (k) and (l) of section 4, shall receive such salaries or travelling and other
allowances as may be prescribed.
(6) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the National
Commission referred to in clauses (i), (j), (k) and (l) of section 4, may—
(a) relinquish his office by giving in writing to the Central Government a notice of not less than
three months; or
(b) be removed from his office in accordance with the provisions of section 7:
Provided that, if the Central Government so decides, such person may be relieved from duties earlier
than three months or be allowed to continue beyond three months until a successor is appointed.
(7) The Chairperson and every Member of the National Commission shall make declaration of his assets
and liabilities at the time of entering upon his office and at the time of demitting office and also declare his
professional and commercial engagement or involvement in such form and manner as may be prescribed,
and the said declaration shall be published on the website of the National Commission.
(8) The Chairperson or a Member of the National Commission referred to in clauses (i), (j), (k) and (l)
of section 4, ceasing to hold office as such, shall not accept, for a period of two years from the date of
demitting such office, any employment, in any capacity including as a consultant or an expert, in any private
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nursing and midwifery institution, whose matter has been dealt with by such Chairperson or Member, either
directly or indirectly:
Provided that nothing contained herein shall be construed as preventing such person from accepting an
employment in a body or institution, including nursing and midwifery institution, controlled or maintained
by the Central Government or a State Government:
Provided further that nothing contained herein shall prevent the Central Government from permitting
the Chairperson or a Member of the National Commission to accept any employment in any capacity,
including as a consultant or expert in any private nursing and midwifery institution whose matter has been
dealt with by such Chairperson or Member.
7. Removal of Chairperson or Member of National Commission.—(1) The Central Government
may, by order, remove from office, the Chairperson or any other Member of the National Commission,
who—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as
a Member; or
(f) has so misused his position as to render his continuance in office prejudicial to the public interest.
(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given
a reasonable opportunity of being heard.
8. Secretary and other employees of National Commission.—(1) There shall be a secretariat for the
National Commission to be headed by a Secretary, to be appointed by the Central Government in
accordance with the provisions of section 5.
(2) The Secretary of the National Commission shall be a person of outstanding ability, proven
administrative capacity and integrity, possessing such qualifications and experience, as may be
prescribed.
(3) The Secretary shall hold the office for a term of four years and shall not be eligible for any extension
or reappointment.
(4) The Secretary shall also be the Member Secretary of each of the Autonomous Boards constituted
under section 11.
(5) The Secretary shall discharge such functions of the National Commission and that of each of the
Autonomous Boards constituted under section 11, as may be specified by regulations.
(6) The National Commission may, for the optimum discharge of its functions under this Act, appoint
such officers, and other employees of the National Commission other than the Secretary, as it considers
necessary, against the posts created by the Central Government as recommended by the National
Commission.
(7) The salaries and allowances payable to and other terms and conditions of service of the Secretary,
officers and other employees of the National Commission shall be such, as may be prescribed.
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(8) The National Commission may engage, in accordance with the procedure, such number of experts,
consultants and professionals of integrity and outstanding ability, as may be specified by regulations, who
have special knowledge of, and experience in such fields, including nursing and midwifery education,
public health nursing, management, health economics, quality assurance, patient advocacy, nursing
research, science and technology, administration, finance, information technology, statistics, nursing
informatics, accounts and law, as it deems necessary, to assist the National Commission in the discharge of
its functions under this Act.
(9) The National Commission may also invite, in accordance with the procedure, such number of
experts and domain specialists from foreign countries to the meetings of the National Commission, as may
be specified by regulations, who have special knowledge of nursing and midwifery curriculum, practical
training and pattern of examination including licentiate examination of the relevant foreign country, as it
deems necessary, to facilitate global mobility and employability of registered professional.
9. Meetings of National Commission, administration, etc.—(1) The National Commission shall meet
at least once in every quarter at such time and place as may be appointed by the Chairperson.
(2) The Chairperson shall preside over the meetings of the National Commission and if for any reason
the Chairperson is unable to attend such meeting, any other Member being the President of an Autonomous
Board, as may be nominated by the Chairperson, shall preside over that meeting.
(3) Unless the procedure to be followed at the meetings of the National Commission is otherwise
provided by regulations, one-half of the total number of Members of the National Commission including
the Chairperson shall constitute the quorum at the meeting of the National Commission and all the acts of
the National Commission shall be decided by a majority of the Members, present and voting and in the
event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board
nominated under sub-section (2), shall have the casting vote.
(4) The general superintendence, direction and control of the administration of the National
Commission shall vest in the Chairperson.
(5) No act done by the National Commission shall be questioned on the ground of the existence of a
vacancy in, or a defect in the constitution of, the National Commission.
10. Powers and functions of National Commission.—(1) The National Commission shall take all
such steps as it may think fit for ensuring coordinated and integrated development of education and
maintenance of the standards of delivery of services, with periodic revisions, as may be specified by
regulations.
(2) The National Commission may make regulations for the purposes of performing the following
functions, namely:—
(a) to frame policies and regulate standards for the governance of nursing and midwifery education
and training;
(b) to regulate nursing and midwifery institutions, researches, professionals and associates;
(c) to identify and regulate any other category of nursing and midwifery profession;
(d) to provide basic standards of education, physical and instructional facilities, assessment,
examination, training, research, continuing professional education and maximum tuition fee payable in
respect of various categories;
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(e) to provide standards for nursing and midwifery faculty and clinical facility in teaching
institutions;
(f) to provide for a uniform mechanism for admission into the nursing and midwifery institutions
at various levels.
Explanation.—For the purposes of this clause, it is clarified that the authority as may be designated
by the Central Government shall make admissions into nursing and midwifery institutions in such
uniform manner at all India level, and the authority as may be designated by the State Government shall
make admissions in the same manner into nursing and midwifery institutions at State level;
(g) to provide for a mechanism, either through final year undergraduate exam or otherwise, to
ensure adequate competence of the nursing and midwifery professionals for enrolment in the National
Register or State Register, as the case may be, and for granting licence to practice as a nursing and
midwifery professional;
(h) to collaborate with industry and other institutions for use of cutting-edge technology and hybrid
education to drive innovation and research in the field of nursing and midwifery;
(i) to integrate soft skills and elective courses in the curriculum of nursing and midwifery
qualifications and to take measures to enhance skills and competency of registered professional for
facilitating global mobility;
(j) to assess the nursing and midwifery requirements in healthcare, including human resources for
various healthcare settings, provide mechanisms for career development pathways for all nursing and
midwifery related cadres including appropriate lateral entry as applicable and advise the Central
Government on matters pertaining thereto;
(k) to ensure policies and codes to ensure observance of professional ethics in nursing and
midwifery profession and to promote ethical conduct during the provision of care by nursing and
midwifery professionals, including nursing associates and midwifery associates;
(l) to promote, co-ordinate and frame guidelines and lay down policies for the proper functioning
of the National Commission, the Autonomous Boards, the Advisory Council and the State
Commissions;
(m) to ensure coordination among the Autonomous Boards;
(n) to take such measures, as may be necessary, to ensure compliance of the guidelines framed and
regulations made under this Act by the State Commissions for their effective functioning;
(o) to exercise appellate jurisdiction with respect to the decisions of Autonomous Boards; and (p)
to perform such other functions as may be prescribed.
(3) The National Commission may delegate such of its functions, except the power to make regulations,
to the Autonomous Boards as it may deem necessary.
(4) The National Commission shall, at least once a year, hold a meeting with the National Medical
Commission, Pharmacy Council of India, National Commission for Indian System of Medicine, National
Commission for Homoeopathy and National Commission for Allied and Healthcare Professions, or the
corresponding National Regulator for regulating the said professions, at such time and place as they
mutually appoint, to enhance the interface between different workforce categories in modern system of
medicine, develop consensus on issues and promote team based approach to healthcare delivery.
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(5) Every order and decision of the National Commission shall be authenticated by the signature of its
Secretary.
(6) The National Commission may delegate such of its powers of administrative and financial matters,
as it deems fit, to its Secretary.
(7) The National Commission may constitute sub-committees and delegate such of its powers to such
sub-committees as may be necessary to enable them to accomplish specific tasks.