NCM Act 2003
PART IV - MISCELLANEOUS
31 . Seal of Council
The Council shall have a seal which shall bear such device as may be approved by the Council.
32. Validity of documents
All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the Council if signed by the Registrar or any member authorised by the Council for that purpose.
33. Remuneration and immunity
(1) The members of the Council shall be paid such allowance as may be determined by the Minister.
(2) No civil or criminal proceedings shall lie against a member or the Registrar in respect of any act or omission done by him in good faith in the performance of his duties under this Act.
34. Duty of disclosure
Every member who –
(a) is closely related to a registered person whose conduct, act or omission is under investigation;
(b) has any pecuniary or other personal interest in the subject-matter of an investigation under subpart B,
shall disclose his relationship or interest, as the case may be, and refrain from participating in the investigation.
35. Deficiency in quorum
(1) Where a quorum cannot be obtained without a fresh election and the Council is of the opinion that it is urgent to hold an investigation, the Registrar may request the Minister to appoint one or more persons to make up any deficiency in quorum for the purpose of such investigation.
(2) An appointment made by the Minister under subsection (1), shall not lapse notwithstanding that a quorum can be obtained if the investigation in respect of which he is appointed is not completed.
36. Restoration of name to register
(1) Subject to any order which may be made by the Supreme Court, where the name of any person has been removed from the register in accordance with the provisions of this Act, the name of that person shall not be restored therein except by order of the Council.
(2) Where the name of a person has been removed from the register, the Council may, after the expiry of 12 months from the date of such removal –
(a) either on its own motion or on the application of the person concerned; and
(b) after holding such inquiry as it thinks fit,
cause the name of such person to be restored to the register.
37. Illegal practice of nursing or midwifery
(1) No person shall practise nursing or midwifery in Mauritius unless he is registered under this Act or exempted from such registration.
(2) No person shall -
(a) take or use any name, title, addition or description –
(i) implying a qualification to practise nursing or midwifery in Mauritius ; or
(ii) implying or tending to the belief that he is a registered person; or
(b) by any willful act or omission, cause or induce any person to believe that he is a registered person,
unless he is duly registered under this Act.
(3) For the purposes of this section, the performance of any single act relating to the practice of nursing or midwifery may be held to be sufficient evidence of such practice.
(4) No person who has been suspended from the practice of nursing or midwifery or whose name has been removed from the register shall practise nursing or midwifery during the period of the suspension or so long as his name has not been restored to the register, as the case may be.
(5) Any person who contravenes subsection (1), (2) or (4) commits an offence.
(6) Where a person is convicted of an offence under this section, any drug, poison, medicine or any surgical, medical, dental or diagnostic instrument or appliance used by him or belonging to him or found in his possession may be forfeited, destroyed or otherwise disposed of as the Court may think fit.
38. Exemptions from application of Act
Nothing contained in this Act shall be deemed to prohibit or prevent any person duly authorised by the Permanent Secretary and employed by, or attached to, any voluntary organisation in Mauritius from carrying out nursing or midwifery duties under the supervision of or pursuant to the instructions of a registered nurse or midwife.
39. Funds and audit
(1) All fees payable under any regulations made under this Act shall form part of the revenue of the Council and any expenses incurred in carrying out the provisions of this Act shall be paid out of such revenue.
(2) The Council shall keep proper accounts of all sums received or paid and the accounts for each financial year shall be audited by a qualified auditor appointed by the Council.
(3) The Council may borrow money or accept donation.
40. Power to make regulations
(1) The Council shall have the power to make regulations generally for the carrying out of the provisions of this Act and any such regulation may, without prejudice to the generality of the foregoing -
(a) prescribe anything which is permitted or required by this Act to be prescribed;
(b) provide for any matter in respect of which regulations may be made under this Act;
(c) provide for the procedure to be followed by the Council at any inquiry under this Act;
(d) provide for the levy of fees;
(e) provide for a Code of Practice for the purposes of section 12 (f);
(f) amend the Schedule;
(g) provide that a person who fails to comply with any regulations or Code of Practice shall commit an offence or be subject to disciplinary proceedings as the case may be.
(2) Regulations made under this section shall be subject to the approval of the Minister and shall be laid on the table of the National Assembly.
41. Powers of the Minister
The Minister may give to the Council such directions of a general nature , not inconsistent with this Act, as he thinks fit, and the Council shall comply with such directions.
42. Offences
(1) Any person who -
(a) fails to attend the Tribunal after having been required to do so;
(b) gives false evidence or evidence which he knows to be misleading before the Tribunal;
(c) at any sitting of the Tribunal –
(i) wilfully insults any member thereof;
(ii) wilfully interrupts the proceedings or commits any contempt of the Tribunal;
(d) fraudulently procures or attempts to procure his registration under this Act;
(e) being required in writing by the Council to attend as a witness or to produce any document for the purposes of this Act fails to do so without any reasonable or lawful justification or excuse;
(f) obstructs the Council or Tribunal during the course of any proceedings or investigation under this Act;
(g) molests any member of the Council or Tribunal in the course of or on account of any investigation or proceedings under this Act; and
(h) contravenes any regulation made under this Act;
commits an offence.
(2) Any person who commits an offence under this Act or any regulations made under this Act shall, on conviction, be liable to a fine not exceeding Rs 10,000 and to imprisonment for a term not exceeding 12 months.
43. Repeal
The Nursing Council Act is repealed.