MILITARY NURSING SERVICES (INDIA)RULES, 1944

In exercise of the powers conferred by section 10 of the Military Nursing Services (India)Ordinance, 1943 (30 of 1943), the Central Government is pleased to make the following Rules,namely:-

1. Short title.—These Rules may be called The Military Nursing Services (India) Rules, 1944.

2. Interpretation.—(1) in these Rules—

(a) "the Ordinance" means the Military Nursing Services (India) Ordinance 1943;

(b) "Nursing Services" means the Military Nursing Services (India) raised inpursuance of the Ordinance.

(c) "the appropriate Act' means in relation to an officer of the Nursing Services theAct, whether the Army Act (44 & 45 Vict, c. 58) or the Indian Army Act, 1911 (VIII of

1911), as applicable to her by virtue of section 9 of the Ordinance and theseRules.

(2) In relation to an officer of the Nursing Services—

(a) the expression "Commanding Officer" in the provisions of the appropriate Actrelating to courts-martial and to the powers of a Commanding Officer and in theserules means the military officer in command of the hospital or other unit in whichshe is serving or to which she is attached;

(b) the expression "regimental" in the Army Act and in these Rules meansconnected with the Nursing Services or any corps or other sub-division

thereof,

3. Application of appropriate Acts—Insofar as they are capable of such application butsubject to the provisions of these Rules—

(a) the provisions of the Indian Army Act, 1911, shall apply to officers of the Nurs ingServ ices mentio ned in Sub-sec tio n (1) o f section 9 of the Ordinance, as ifthey were Indian commissioned officers, and

(b) the provi sio ns of the Army Act sha ll app ly to of ficers of the Nursing

Services mentioned in Sub-section (2) of the said section, as if they were

officers of the Regular Forces;

and references in the said Acts to-military ranks shall, in relation to the Nursing

Services, be construed as references to the corresponding ranks laid down in theRegulations made under the Ordinance for officers of the Nursing Services.

4. Modification of Indian Army Act, 1911.—Of the provisions of sections 25to 41 of the IndianArmy Act, 1911, only clause (d) of section 30 and clause (i) of section 39 shall apply tooffences committed by officers of the Nursing Services referred to in sub-section (I) ofsection 9 of the Ordinance, and those provisions shall have effect in relation to suchoffences as if they were modified as follows:-

( i ) C l a u s e (d) of section 30----'An officer who absents herself without leave

commits an offence against this Act".

(ii) Clause (i) Of section 39 "An officer who is guilty of any act or omissionprejudicial to good order and discipline commits an offence against this Act."

5. Modification of the Army Act—Of the provisions of sections 4 to 41 of the Army Act, onlySection 15 and 40 shall apply to offences committed by officers of the Nursing Services referred to in sub-section (2) of section 9 of the Ordinance and those sections shall have effect in relation to suchoffences as if they were modified as follows-

(i) Section 15—An officer who absents herself without leave commits an offence against thisAct.".

(ii) Section 40—An officer who is guilty of any act, conduct, disorder or neglect to theprejudice of good order and discipline commits an offence against this Act".

6. Punishments.—(1) The provisions of this rule shall apply in relation to the offences mentionedin Rules 4 and 5 committed by officers of the Nursing Services, in lieu of the provisions of theappropriateActs imposing punishments for such offences.

(2) An officer of the Nursing Services, on conviction by a court-martial for any such offence

as aforesaid, shall be liable to any one or more punishments according to the scale following that isto say:—

(a) Dismissal from His Majesty's Service.

(b) Forfeiture of seniority of rank in the corps to which she belongs, or in the caseof an officer whose promotion depends upon length of Service, forfeiture of allor any part of her service for the purpose of promotion.

(c) Severe reprimand.

(d) Reprimand.

(e) Stoppages.

7. Summary punishment.—( 1) Notwithstanding any thing contained in the appropriateAct, an officer of the Nursing Services below the equivalent rank of field - officer maybesummarily reprimanded by her commanding officer if of field rank.(2) In addition to the summary reprimand to which she may be liable under sub-rule (1), anyofficer of the Nursing Services may be dealt with summari ly in the manner provided by orunder the appropriate Pct provided that the only punishments which maybe so awarded toher shall be those specified in clauses (b) to (c) of sub-rule (2) of Rule 6.

8. Courts-Martial.—Where an officer of the Nursing Services accused of an offence isnot dealt with summarily in accordance with Rule 7, she shall, if subject to the Indian ArmyAct 1911, be tried by summary general Court-Martial, or if subject to the Army Act, by fieldgeneral court-martial; and references in the appropriate Pct to a Court-Martial of whateverdescription shall be construed as references to a summary general Court-Martial or to a fieldgeneral Court-Martial, as the case may be.

9. Section 136 (1), Army Act not to apply in certain cases. —The section 136 of theArmy Act shall not apply to any deductions made from the pay of any officer of the NursingServices upon the general or special order of the Central Government to meet any publicclaim, any regimental debt due from her or any regimental claim which such order maydirect her to pay.