Section 9 of The National Nursing and Midwifery Commission Act, 2023
- (1)The National Commission shall meet at least once in every quarter at such time and place as may be appointed by the Chairperson.
- (2)The Chairperson shall preside over the meetings of the National Commission and if for any reason the Chairperson is unable to attend such meeting, any other Member being the President of an Autonomous Board, as may be nominated by the Chairperson, shall preside over that meeting.
- (3)Unless the procedure to be followed at the meetings of the National Commission is otherwise provided by regulations, one-half of the total number of Members of the National Commission including the Chairperson shall constitute the quorum at the meeting of the National Commission and all the acts of the National Commission shall be decided by a majority of the Members, present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote.
- (4)The general superintendence, direction and control of the administration of the National Commission shall vest in the Chairperson.
- (5)No act done by the National Commission shall be questioned on the ground of the existence of a vacancy in, or a defect in the constitution of, the National Commission.
Summary
- The National Commission must hold a meeting at least once every three months (a quarter).
- The Chairperson decides when and where these meetings happen and leads them.
- If the Chairperson cannot attend, they pick the President of one of the Autonomous Boards to lead the meeting instead.
- For a meeting to be valid, at least half of all the members must be present (the quorum).
- Decisions are made by a simple majority vote. If there is a tie, whoever is leading the meeting gets an extra tie-breaking vote.
- Even if there is a vacant seat or a mistake in how the Commission was put together, their official decisions still count.
Practical examples
FAQ
1. Who runs the meeting if the Chairperson is sick?
The Chairperson will nominate the President of one of the Autonomous Boards to take over and lead that specific meeting.
2. What happens if a few members quit and their seats are empty during a vote?
The decisions made at the meeting are still legally valid. The law says that empty seats or defects in the Commission's makeup cannot be used to cancel an act they have done.
3. Does a decision need everyone to agree?
No, it only needs a majority of the members who are present and voting at the meeting.
Test yourself
Q1.Under Section 9 of The National Nursing and Midwifery Commission Act, 2023, how many members are required to be present to officially hold a meeting, unless rules say otherwise?
Q2.Under Section 9 of The National Nursing and Midwifery Commission Act, 2023, what happens if the votes are perfectly tied on a new policy?
Q3.Under Section 9 of The National Nursing and Midwifery Commission Act, 2023, who takes charge of a meeting if the Chairperson is absent?
Q4.Under Section 9 of The National Nursing and Midwifery Commission Act, 2023, a disgruntled nursing college claims a penalty against them is invalid because one of the Commission's member seats was empty when the vote happened. Is this legal argument valid?