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NCM Act 2003
The Council - Registration - Miscellaneous - Savings & Transitional
PART V - SAVINGS AND TRANSITIONAL44. Continuance of pending proceedings
(1) All investigations or disciplinary proceedings commenced under the Nursing Council Act shall be continued and completed -
(a) where the investigations or proceedings have been wholly or partly completed or heard, as if the Nursing Council Act were still in force; and
(b) in other cases, as if the investigation or proceedings had been commenced under this Act.
(2) All judicial or extra judicial proceedings other than those referred to in subsection (1) started by or against the Nursing Council established under the Nursing Council Act shall be deemed to have been started by or against the Council.
45. Saving of membership
(1) The Chairperson and members of the Nursing Council established under the Nursing Council Act who were in office prior to the coming into force of this Act shall remain in office for the purposes of this Act as if they had been elected or appointed, as the case may be, under this Act until the day members of the Council are elected under this Act.
(2) For the purposes of subsection (1), the election of the members of the Council shall be held after the tenure of office of the elected members.
(3) For the purposes of subsection (1), the quorum of the Council shall be the quorum provided under the Nursing Council Act.
46 . Saving of appointment
The person who holds the office of Registrar under the Nrsing Council Act on the day this Act comes into force shall remain in office on the same terms and conditions on which he held the office of Registrar before that day.
47. Saving of registration
A person who immediately before the coming into force of this Act was registered as a nurse or midwife under the Nursing Council Act shall, upon the coming into force of this Act, be deemed to be registered as a nurse or midwife under this Act.
48. Saving of annual list
The annual list of nurses or midwives published under theNursing Council Act immediately before the coming into force of this Act shall be deemed to be the annual list of nurse or midwife under this Act until the annual list is published under section 30.
49. Transfer of assets and liabilities
(1) On the day when this Act comes into force, all assets and liabilities of the Nursing Council established under the Nursing Council Act shall be transferred to and shall vest in the Council.
(2) The Council shall have all powers necessary to take possession of, recover and deal with those assets and discharge those liabilities.
50. Agreements
Every agreement, whether in writing or not, and every other instrument to which the Nursing Council established under the Nursing Council Act was a party or which affected it, shall have effect as if the Council were a party to it or affected to it.
51. Saving of Code of Practice
Until the Code of Practice is established, the Code of Practice established under the Nursing Council Act shall be deemed to be the Code of Practice.
52. Commencement
(1) This Act shall come into force on a date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of different sections of the Act.
Passed by the National Assembly on the twenty-eighth day of October two thousand and three.
André Pompon
Clerk of the National Assembly
SCHEDULE
Rules of Election of Members of the Council
1. Calling for nominations and appointment of nomination day
Not less than one month before the expiry of the period specified in section 45(2) and every subsequent period of three years, the Registrar shall publish in the Gazette and such newspaper as he thinks fit, a notice inviting the submission of nominations and appointing a day on which and the time at which nominations must be submitted.
2. Nomination of candidates
No person shall be eligible for election as a member of the Council unless -
(a) on nomination day he is a registered nurse or midwife, is not otherwise suspended and reckons at least 10 years' experience as a nurse or a midwife in Mauritius ;
(b he is a citizen of and resident in Mauritius ; and
(c) he is nominated from one of the categories mentioned in paragraph (d), provided that he belongs to that category by virtue of his employment in that capacity and his nomination is supported by at least five registered nurses or midwives, as appropriate.
• Distribution of members
The number of members in the different grades of registered persons shall be as follows -
(i) General Nursing - 5
(ii) Psychiatric Nursing - 1
(iii) Nursing or Midwifery Education - 1
(iv) Community Health Nursing - 1
(v) Midwifery - 1
(vi) Nursing Administration (Nursing Supervisors and above) - 1
(vii) Nursing Officers from private sector (with working experience in the private sector for at least two years) - 2
• Procedure after nomination
• If the number of persons duly nominated exceeds the number of persons to be elected, the Registrar shall publish in the Gazette and such newspapers as the Council may direct, a notice –
• specifying the names of the persons duly nominated; and
(ii) appointing a day, time and place, being not less than 15 days after the publication of the notice, for the holding of an election.
• A person who has been duly nominated shall not publish or distribute any manifesto which is calculated or likely to induce persons to vote for him to be a member of the Council.
5. Persons entitled to vote
• Every person who on nomination day is fully registered as a nurse or midwife under this Act shall be entitled to vote at an election of the members of the Council.
• Every nurse or midwife voting pursuant to subparagraph (a) shall vote for such number of candidates as there are vacancies available in the membership of the Council.
• Any vote which is cast contrary to subparagraph (b) shall be null and void.
6. Election
• The election of members of the Council shall be conducted by the Office of the Electoral Commissioner who shall communicate the results to the Registrar.
• The Registrar shall submit to the Minister the results of the election forthwith.
• The Minister shall, within 21 days of the receipt of the results of the election, publish in the Gazette the composition of the Council.
