11. Autonomous Boards.—(1) The Central Government shall, by notification, constitute the following
Autonomous Boards, under the overall supervision of the National Commission, to perform the functions
assigned to such Boards under this Act, namely:—
(a) the Nursing and Midwifery Undergraduate and Postgraduate Education Board;
(b) the Nursing and Midwifery Assessment and Rating Board; and
(c) the Nursing and Midwifery Ethics and Registration Board.
(2) Every Autonomous Board referred to in sub-section (1) shall be an autonomous body which shall
carry out its functions under this Act in such manner as may be specified by regulations.
12. Composition of Autonomous Boards.—(1) The Nursing and Midwifery Undergraduate and
Postgraduate Education Board shall have not more than two whole-time Members and not more than two
part-time Members other than a President.
(2) The Nursing and Midwifery Assessment and Rating Board and the Nursing and Midwifery Ethics
and Registration Board shall consist of a President, not more than two whole-time Members and not more
than two part-time Members.
(3) The President of each Autonomous Board, two whole-time Members and one part-time Member of
Nursing and Midwifery Undergraduate and Postgraduate Education Board, and one whole-time Member
and one part-time Member of Nursing and Midwifery Assessment and Rating Board and Nursing and
Midwifery Ethics and Registration Board, shall be persons 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, out of which at least seven years shall
be as a nursing and midwifery leader to be appointed by the Central Government on the recommendations
of the Search-cum-Selection Committee constituted under section 5.
(4) The second whole-time Member of the Nursing and Midwifery Assessment and Rating Board, to
be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee
constituted under section 5, shall be a person of outstanding ability and integrity, possessing a postgraduate
degree in any of the disciplines of management, quality assurance, law or science and technology from any
University, having hands on clinical experience of not less than fifteen years in such field, out of which at
least seven years shall be as the Head of a Department or the Head of an Institute or an organisation.
(5) The second whole-time Member of the Nursing and Midwifery Ethics and Registration Board, to
be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee
constituted under section 5, shall be a person of outstanding ability who has demonstrated public record of
work on nursing or medical ethics or a person of outstanding ability possessing a postgraduate degree in
any of the disciplines of quality assurance, public health, law or patient advocacy from any University and
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having experience of not less than fifteen years in such field, out of which at least seven years shall be as
the Head of a Department or the Head of an Institute or an organisation.
(6) The second part-time Member of the Nursing and Midwifery Assessment and Rating Board, the
Nursing and Midwifery Ethics and Registration Board and the Nursing and Midwifery Undergraduate and
Postgraduate Education Board, shall be chosen from amongst the nursing and midwifery Members
representing the State Commissions under clause (h) of section 4, in such manner as may be prescribed.
13. Term of office and conditions of service of President and Members.—(1) The President and the
whole-time Members of each Autonomous Board shall hold office for a term not exceeding four years and
shall not be eligible for any extension or reappointment:
Provided that the part-time Members of each Autonomous Board shall hold the office for a term of two
years:
Provided further that a Member should be less than sixty-five years of age on the date of application
for the office of Member.
(2) The vacancies of each Autonomous Board shall be filled in such manner as may be prescribed.
(3) The salaries and allowances payable to, and other terms and conditions of service of the President
and the whole-time Members of an Autonomous Board shall be such as may be prescribed.
(4) Every part-time Member of an Autonomous Board shall be entitled for such allowances as may be
prescribed.
(5) The provisions of sub-sections (4), (5), (6), (7) and (8) of section 6 relating to other terms and
conditions of service, and section 7 relating to removal from the office, of the Chairperson and Members
of the National Commission shall mutatis mutandis apply to the President and Members of the Autonomous
Boards.
14. Advisory committees of experts.—(1) Each Autonomous Board, except the Nursing and
Midwifery Ethics and Registration Board, shall be assisted by such advisory committees consisting of
experts as may be constituted by the National Commission, for the efficient discharge of the functions of
such Autonomous Board.
(2) The Nursing and Midwifery Ethics and Registration Board shall be assisted by such ethics
committees of experts as may be constituted by the National Commission for the efficient discharge of the
functions of such Autonomous Board.
15. Staff of Autonomous Boards.—(1) The experts, consultants, professionals, officers and other
employees appointed under section 8 shall be made available to the Autonomous Boards in such number
and manner, as may be specified by regulations.
(2) The foreign experts and domain specialists from foreign countries invited by the National
Commission under section 8 shall also be made available to the Autonomous Boards in such number and
manner, as may be specified by regulations.
16. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once
in a month at such time and place as it may appoint.
(2) Every decision of the Autonomous Boards shall be made by majority of votes of its respective
President and Members.
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(3) Subject to the provisions of section 21, a person aggrieved by any decision of an Autonomous
Board, may prefer an appeal to the National Commission against such decision within thirty days of the
communication of that decision and the National Commission shall, after giving an opportunity of being
heard, dispose of the appeal within a period of sixty days from the date of such appeal.
17. Powers of Autonomous Boards and delegation of powers.—(1) The President of each
Autonomous Board shall have such administrative and financial powers as may be delegated to it by the
National Commission to enable such Autonomous Board for optimum functioning.
(2) The President of an Autonomous Board may further delegate any of his powers to a Member or an
officer of such Autonomous Board.
18. Powers and functions of Nursing and Midwifery Undergraduate and Postgraduate Education
Board.—(1) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall perform
the following functions, namely:—
(a) determine the minimum requirements and standards of nursing and midwifery education and
examination at undergraduate level and postgraduate level, in such manner as may be specified by
regulations, and oversee all aspects relating thereto;
(b) develop dynamic competency based curriculum at undergraduate level and postgraduate level,
in such manner as may be specified by regulations, with a view to develop appropriate skill, knowledge,
attitude, values and ethics to provide healthcare, impart nursing and midwifery education and conduct
research:
Provided that the competencies shall be aligned with the needs of the national health programme,
across continuum of care in varied healthcare settings in order to ensure optimum healthcare delivery
system;
(c) prescribe qualifications at the undergraduate level and postgraduate level in nursing and
midwifery and such other particulars, as may be specified by regulations;
(d) prescribe standards for setting up of nursing and midwifery institutions for imparting
undergraduate and postgraduate courses, having regard to the needs of the country and the global
norms, in such manner as may be specified by regulations;
(e) determine the standards and norms for infrastructure, faculty and quality of education in nursing
and midwifery institutions providing undergraduate and postgraduate nursing and midwifery education,
in such manner as may be specified by regulations;
(f) facilitate development and training of faculty members for teaching, research as well as
international student and faculty exchange programmes relating to undergraduate, nursing and
midwifery education;
(g) specify norms for compulsory annual disclosures, clinical facilities, faculty, digitally or
otherwise, by nursing and midwifery institutions, in respect of their functions that has a bearing on the
interest of all stakeholders including students, faculty, State Commissions, the National Commission
and the Central Government;
(h) regulate the standards and scope of practice of registered nursing and midwifery professionals,
including nurse practitioners, nursing associates and midwifery associates who have obtained the
nursing and midwifery qualification as provided by the Nursing and Midwifery Undergraduate and
Postgraduate Education Board, in such manner as may be specified by regulations; and
(i) regulate, in consultation with the National Medical Commission, the limited prescribing
authority for nurse practitioners in all specialities, who have obtained the requisite nursing and
midwifery qualification and qualify such criteria as may be provided by the Nursing and Midwifery
Undergraduate and Postgraduate Education Board, in such manner as may be specified by regulations.
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(2) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall, in the
discharge of its duties, make such recommendations to, and seek such directions from, the National
Commission, as it may deem necessary.
19. Powers and functions of Nursing and Midwifery Assessment and Rating Board.—(1) The
Nursing and Midwifery Assessment and Rating Board shall perform the following functions, namely:—
(a) the procedure for assessing and rating the nursing and midwifery institutions for their
compliance with the standards laid down by the Nursing and Midwifery Undergraduate and
Postgraduate Education Board, shall be such as may be specified by regulations;
(b) grant permission for establishment of a new nursing and midwifery institution, or to start any
postgraduate level or higher qualification course, or to increase number of seats, in accordance with the
provisions of section 21;
(c) conduct inspections of nursing and midwifery institution for assessing and rating such
institutions in such manner as may be specified by regulations:
Provided that the Nursing and Midwifery Assessment and Rating Board may, if it deems necessary,
hire and authorise any other inspection agency or accreditation body or persons for conducting
inspections of nursing and midwifery institutions for assessing and rating such institutions:
Provided further that where inspection of nursing and midwifery institution is conducted by such
inspection agency or accreditation body or persons authorised by the Nursing and Midwifery
Assessment and Rating Board, it shall be obligatory on such institution to provide access to such agency
or person:
Provided also that the Nursing and Midwifery Assessment and Rating Board may conduct
evaluation and assessment of any nursing and midwifery institution at any time, either directly or
through any other expert having integrity and experience of nursing and midwifery profession and
without any prior notice and assess and evaluate the performance, standards and benchmarks of such
nursing and midwifery institution;
(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess
and rate all nursing and midwifery institutions, within such period of their opening, at such time, and
in such manner as may be specified by regulations;
(e) make available on its website or in public domain the assessment and ratings of nursing and
midwifery institutions at regular intervals in such manner as may be specified by regulations;
(f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake
or stoppage of admissions and recommending to the National Commission for withdrawal of
recognition, against a nursing and midwifery institution for failure to maintain the minimum essential
standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board,
in such manner as may be specified by regulations:
Provided that the monetary penalty imposed shall not be less than one-tenth, and not more than five
times, of the total amount charged, by whatever name called, by such institution for one full batch of
students of undergraduate course or postgraduate course, as the case may be:
Provided further that the Nursing and Midwifery Assessment and Rating Board shall consult the
Nursing and Midwifery Undergraduate and Postgraduate Education Board before recommending to the
National Commission for withdrawal of recognition of a nursing and midwifery institution that fails to
maintain the minimum essential standards specified by the Nursing and Midwifery Undergraduate and
Postgraduate Education Board.
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(2) The Nursing and Midwifery Assessment and Rating Board shall, in the discharge of its functions,
make such recommendations to, and seek such directions from, the National Commission, as it may deem
necessary.
20. Powers and functions of Nursing and Midwifery Ethics and Registration Board.—(1) The
Nursing and Midwifery Ethics and Registration Board shall perform the following functions, namely:—
(a) maintain the National Register for all registered professionals in accordance with the
provisions of section 25;
(b) approve or reject applications for registration of professionals governed under this Act;
(c) regulate professional conduct and promote nursing and midwifery ethics in such manner as may
be specified by regulations:
Provided that the Nursing and Midwifery Ethics and Registration Board shall ensure compliance
of the code of professional and ethical conduct through the State Commission in a case where such
State Commission has been conferred power to take disciplinary action in respect of professional or
ethical misconduct by nursing and midwifery professionals under this Act;
(d) develop mechanisms to have continuous interaction with State Commissions to effectively
promote and regulate the conduct of nursing and midwifery professionals;
(e) exercise appellate jurisdiction with respect to the actions taken by a State Commission under
section 24; and
(f) provide for mechanisms for receiving complaints and grievance redressal.
(2) The Nursing and Midwifery Ethics and Registration Board shall, in the discharge of its duties, make
such recommendations to, and seek such directions from, the National Commission, as it may deem
necessary.
21. Permission for establishment of new nursing or midwifery institution.—(1) No person shall
establish a new nursing and midwifery institution, or start any postgraduate course, or increase number of
seats, without obtaining prior permission of the Nursing and Midwifery Assessment and Rating Board:
Provided that the Nursing and Midwifery Assessment and Rating Board shall consult the Nursing and
Midwifery Undergraduate and Postgraduate Education Board before according or refusing to accord such
permission.
(2) For the purposes of obtaining permission under sub-section (1), a person may submit a proposal to
the Nursing and Midwifery Assessment and Rating Board in such form, containing such particulars,
accompanied by such fee, and in such manner, as may be specified by regulations.
(3) The Nursing and Midwifery Assessment and Rating Board shall, having due regard to the criteria
specified in section 22, consider the proposal received under sub-section (2) and either approve or
disapprove such proposal within a period of six months from the date of such receipt:
Provided that before disapproving such proposal, an opportunity to rectify the defects, if any, shall be
given to the person concerned.
(4) Where a proposal is approved under sub-section (3), such approval shall be deemed to be the
permission under sub-section (1) to establish a new nursing and midwifery institution or start any
postgraduate course or increase number of seats, as the case may be.
(5) Where a proposal is disapproved under sub-section (3), or where no decision is taken within six
months of submitting a proposal under sub-section (2), the person concerned may prefer an appeal to the
National Commission for approval of that proposal within fifteen days of such disapproval or, as the case
may be, lapse of six months, in such manner as may be specified by regulations.
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(6) The National Commission shall decide the appeal received under sub-section (5) within a period of
forty-five days from the date of receipt of the appeal and in case the National Commission approves the
proposal, such approval shall be the permission under sub-section (1) to establish a new nursing and
midwifery institution or start any postgraduate course or increase number of seats, as the case may be, and
in case the National Commission disapproves the proposal, or fails to give its decision within the specified
period, the person concerned may prefer a second appeal to the Central Government within thirty days of
communication of such disapproval or, as the case may be, after the lapse of specified period.
Explanation.—For the purposes of this section, the term “person” includes a University, trust or any
other association of persons or body of individuals, but does not include the Central Government.
22. Criteria for approving or disapproving proposal.—The Nursing and Midwifery Assessment and
Rating Board or, as the case may be, the National Commission, shall, while approving or disapproving a
proposal under section 21, take into consideration the following criteria, namely:—
(a) adequacy of financial resources;
(b) whether adequate academic faculty and other necessary facilities have been provided to ensure
proper functioning of nursing and midwifery institution or will be provided within the time-limit specified
in the proposal;
(c) whether adequate hospital facilities have been provided or will be provided within the time-limit
specified in the proposal; and
(d) such other factors as may be specified by regulations:
Provided that subject to the previous approval of the Central Government, the criteria may be relaxed
for the nursing and midwifery institutions which are set up in such areas as may be specified by regulations.