(THE INDIAN) MILITARY NURSING SERVICE ORDINANCE, 1943 1

[30 of 1943]

[15th September, 1943]

An Ordi nance to consti tute 2["] a force to be called the 3(1ndian Mi l itaryNursing Service) as part of the armed forces of the 4(Union).

Whereas: An emergency has arisen which makes it necessary to provide for theconstitution 2[**] of a force to be called the 3(Indian Military Nursing Service) as a part of thearmed forces of the 4(Union);

Now, THEREFORE, in exercise of the powers conferred by section 72 of theGovernment of India Act, as set out in the Ninth Schedule to the Government of India Act.,1935, The Governor-General is pleased to make and promulgate the following Ordinance:-

1. Short title application and commencement.—(1) This ordinance may be calledThe 5(Indian Military Nursing Service) Ordinance, 1943.

6(2) It applies to members of the Indian Military Nursing Services wherever they may be.

(3) It shall come into force at once.

2. Definitions. - In this Ordinance, unless there is anything repugnant in the subjector context,—

(a) "prescribed' means prescribed by rules made under this Ordinance;

(b) "regulat ions" means regulat ions made under this Ordin ance.

3. Constitution of Indian Military Nursing Service.—(1) There shall be raisedand maintained, in the manner hereinafter provided, as part of the armed forces of the 7(Union) andfor service with 8(the Indian) Military forces an auxiliary force which shall be designed the MilitaryNursing Services(India).

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1. Published in the Gazette of India, Extra., dated 15th September, 1943. The title of theOrdinance was changed by the amendment made by A.L.O., 1950 (w.e.1. 26-1-

1950).

2. The words "in the Provinces" were omitted by A.L.O., 1950 (w.e.f. 26-1-1950).

3. Subs. for "Military Nursing Services (India)", ibid.

4. Sub s. for "Crown " , ib id .5. Subs. for "Military Nursing Services (India)" by A.L.O., 1950 (w.e.f. 26-1-1950).6. Subs. for former sub -sect ions (2), i bi d.7. Sub s. for 'Crown" by A.L.O., 1950 (26-1.1950).8. Subs. for "His Majesty's", ibid.

9. Sub-section (2) was omitted. ibid.

4. Liability of service of members of'(Indian Military Nursing Service. --(1) The members of the Indian Military Nursing Service shall be liable for service only withforces and persons subject to the Army Act, 1950.

2(2)[***]

5. Members to be of commissioned rank—All members of the 3(Indian MilitaryNursing Service) shall be of commissioned rank and shall be appointed as officers ofthe (Indian Military Nursing Service) by the Central Government by notification in the OfficialGazette.

6. Eligibility for appointment.—(1) 4(Any citizen of India) if a woman and abovethe age of twenty-one, shall be eligible for appointment as an officer in the 3( Indian MilitaryNursing Services) and, if she satisfies the prescribed conditions, may be appointed thereto inthe manner laid down in section 5.

(2) Every person so appointed shall be subject to thisOrdinance and to the rules andregulations made thereunder.

7. Dismissal from Indian Military Nursing Service—The Central Government, oran authority empowered by the Central Government in this behalf, or the '(Chief of the ArmyStaff) may dismiss any officer from the 6(lndian Military Nursing Service).

8. Liability to undergo training and perform duties.—Sulect to the provisions ofthis Ordinance, a member of the 3(lndian Military Nursing Service) shall be bound to undergosuch training and in such manner and to perform such duties in connection with 7( Indian) militaryforces as may be lad down by regulations.

9. Application of Army Act and Indian Army Act 1911, to members of

Indian Military Nursing Service.—(1) The provisions of the Indian Army Act, 19118,shall, to such extent and subject to such adaptations and modifications as may beprescribed, apply to members of the Indian Military Nursing Service 9( as they apply toIndian commissioned officers, unless they are clearly inapplicable to women.

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10. Power to make rules.—(1) The Central Government may, by notification in the OfficialGazette make rules to carry out the purposes of this Ordinance.

1 .Subs. for "Military Nursing Services (India)", by A.L.O. 1950. (w.e.f. 26-1-1950).

2. Sub-section (2) was repealed by A.L.O., 1950 (26-1-1950).

3. Subs. for "Military Nursing Services (India)", ibid.

4. Subs. for "Any British subject or any subject of an Indian State" by A. L.0, 1950 (w.e.f.26-1-1950).

5. Subs. for "Commander-in-Chief India Army" by the Commander-in-Chief(Change in Designation) Act, 1955(XIX of 1955), s. 2 and Sch. (w.ef 7-51955).

6. Subs. for "Military Nursing Services (India)", by ALO.. 1950 (w.e.f. 26-11950).

7. Subs. for "His Majesty's", ibid.

8. See now the Army Act, 195 0 (XLVI of 1950),

9. The words "and to those members of the Army in Indian Nursing ServiceReserve who have engaged to serve with forces and person subject to theIndian Army Act 1911" were omitted byA.L.O., 1950 (w.e.f 26-1-1950).

10. Sub-section (2) was omitted, ibid.

(2) In particular and without prejudice to the generality of the foregoingpower, rules may be made under this section—

(a) providing for the medical examination of persons offering themselvesfor appointment in the '(Indian Military Nursing Service);

(b) providing for any matter which under this Ordinance is to be or may beprescribed.

11. Pow e r to ma ke regul at ion s—The 2(Chief of the Army Staff) may

make regulations consistent with this Ordinance and the rules made thereunder,providing for all matters to be laid down by regulations, and generally for all detailsconnected with the organisation, pay, allowances, duties, discipline, training,clothing, equipment and leave of members of the 1(Indian Military Nursing Service).

1. Subs. for 'Military Nursing Services (India)", byA.LO., 1950 (w.e.f. 26-1-1950).

2. Subs. for "Commander-in-Chief, Indian Army' by the Commander-in-Chief(Change in Designation) Act, 195 5 (XIX of 1955), sec. 2 and Sch. (w.e.f .7-5-1955).