Sri Lanka Nurses' Council Act, No. 19 of 1988

An Act to establish the Sri Lanka Nurses' Council as a body corporate for the registration, regulation, and professional standards of nursing in Sri Lanka. Enacted in 1988, this Act repeals Part IX of the Medical Ordinance (Chapter 105) which previously governed nurse registration under the Sri Lanka Medical Council, and creates a dedicated regulatory framework with its own fund financed by registration fees.

Source

Full text available at LawNet (HTML). 29 sections in 4 Parts. No amendments have been enacted.

Act Structure

The Act has 29 sections organised into 4 Parts:

Part	Sections	Topic	Summary
I	1-13	Establishment, Constitution & Procedure	Creates the Council as a body corporate; defines 17-member composition (5 ex-officio + 7 elected + 5 nominated); quorum 13; President and Vice-President elected from elected members
II	14-21	Powers, Functions, Registration & Discipline	Registrar appointment (also Secretary & Treasurer); register maintenance; registration requirements (age 21+, no aliens without Presidential approval); transitional transfer from Medical Ordinance; disciplinary erasure with 14-day due process
III	22-24	Finance & Accounts	Sri Lanka Nurses' Fund (fees, donations, investments); annual audit; annual report by 31 March
IV	25-29	Penalties, Regulations, Repeal & Interpretation	Penalties (Rs.1,000-5,000 fines, up to 6 months imprisonment); Minister's regulation-making power; repeal of Medical Ordinance Part IX; Bribery Act scheduling; definitions

Section Detail

Section	Topic	Summary
1	Short title and date of operation	Citation; commencement on date appointed by Minister via Gazette
2	Establishment of Council	Body corporate with perpetual succession, common seal, may sue and be sued, hold property
3	Composition	17 members: 5 ex-officio + 7 elected (12+ years' experience) + 5 nominated by Minister
4	Tenure	5-year terms for non-ex-officio; eligible for re-election/re-nomination; replacements serve unexpired term
5	Vacation of office	Death, resignation, 3 consecutive absences without explanation, loss of registration, insolvency, 1-year absence from Sri Lanka
6	Removal	Minister removes nominated members; Council recommends removal for abuse of position (14-day response period)
7	President & Vice-President	Elected from among elected members only; all members vote; President presides; VP substitutes
8	Quorum	13 members
9	Decisions	Majority vote; presiding officer has casting vote
10	Minutes	Recorded and signed by presiding officer
11	Objects & functions	11 specific functions (registration, discipline, curricula, ethics, inspection, etc.)
12	Delegation	Council may delegate to committees of at least 5 members
13	Remuneration	Minister determines attendance fees with Finance Minister's concurrence
14	Registrar	Appointed by Council; also serves as Secretary and Treasurer
15	Appeals	Aggrieved persons appeal to Minister; Minister's decision is final
16	Registration	Registrar maintains register; minimum age 21; aliens need Presidential approval; prescribed fee
17	Transitional	Nurses registered under Medical Ordinance deemed registered; names transferred to new register
18	Additional qualifications	Registered nurses may add new qualifications to register entry
19	Register accuracy	Registrar maintains currency; removes deceased; corrects errors per Council order
20	Erasure	Council may erase for: diploma deprivation, conviction, unfitting conduct, negligence, incapacity; 14-day written notice required
21	Evidence	Registrar-certified extracts and certificates admissible without further proof
22	Nurses' Fund	Established from registration fees, donations, investment income; covers Council expenditure
23	Accounts & audit	Proper records; annual audit by approved auditor; financial year Jan 1 – Dec 31
24	Annual report	Prepared by 31 March; documents activities, income, and expenditure
25	Penalties	Using "Registered Nurse" title without registration; register falsification; employing unregistered nurses; unregistered practice for gain
26	Regulations	Minister makes regulations on register form, applications, uniforms, badges, fees, discipline; requires Gazette publication and Parliament approval
27	Repeal	Part IX of the Medical Ordinance (Chapter 105) repealed; pre-existing regulations valid until amended
28	Bribery Act	Council deemed a "Scheduled institution" under the Bribery Act
29	Interpretation	Defines key terms: approved auditor, ex-officio member, prescribed

Statutory Bodies

1 Legally Active0 Obsolete

Council Composition Detail

The Council consists of 17 members: 5 ex-officio, 7 elected, and 5 nominated by the Minister. Quorum is 13 members. Terms are 5 years with eligibility for re-election or re-nomination.

Ex-officio members (5):

#	Role	Note
1	Director-General of Health Services	S.3
2	Director, Nursing Administration	S.3
3	Director, Nursing Education	S.3
4	Director, Public Health Nursing	S.3
5	Director, Nursing (Local Government)	S.3

Elected members (7):

#	Category	Requirement	Note
1-7	Registered nurses elected from among registered nurses	Minimum 12 years' experience	S.3; eligible for re-election

Nominated by Minister (5):

#	Category	Note
1	Staff nursing representative	S.3
2	Finance representative	S.3
3	Higher education representative	S.3
4	Teaching hospitals representative	S.3
5	Private sector representative	S.3

Term: 5 years; ex-officio members serve while holding their posts
Quorum: 13 members (S.8)
President & Vice-President: Elected from among elected members only (S.7)
Voting: All members vote; majority decides; presiding officer has casting vote (S.9)
Body corporate: Perpetual succession, common seal, may sue and be sued, hold property (S.2)

Registration Framework

Requirements (Section 16)

Requirement	Details
Minimum age	21 years
Qualifications	As prescribed by regulations
Aliens	Require Presidential approval to register
Fee	Prescribed registration fee must be paid
Register	Maintained by the Registrar

Transitional Provisions (Section 17)

Nurses registered under Part IX of the Medical Ordinance (Chapter 105) are deemed registered under this Act. Their names are transferred from the Medical Ordinance register to the new nursing register maintained by the Council's Registrar.

Additional Qualifications (Section 18)

Registered nurses who obtain new qualifications may have them added to their register entry.

Disciplinary Powers (Section 20)

The Council may order erasure of a nurse's name from the register on the following grounds:

Ground	Details
Diploma/degree deprivation	Qualification that led to registration has been revoked
Criminal conviction	Convicted of a criminal offence
Unfitting conduct	Conduct rendering the person unfit to remain on the register
Negligence	Professional negligence
Incapacity	Physical or mental incapacity affecting practice

Due process safeguards:

Written notice must be given to the nurse
Minimum 14-day period to respond before Council may order erasure
Council must consider the response before making a final decision

Objects and Functions (Section 11)

The Council has 11 specific functions:

#	Function	Section
1	Register qualified nurses and maintain the nursing register	S.11(a)
2	Charge and collect registration fees	S.11(b)
3	Suspend, remove, or restore nurses from the register	S.11(c)
4	Recommend conditions of recruitment for nurses	S.11(d)
5	Recommend curricula for nursing education	S.11(e)
6	Recommend textbooks for nursing training	S.11(f)
7	Ensure welfare of nurses	S.11(g)
8	Inspect nursing education institutions	S.11(h)
9	Prescribe code of ethics for the nursing profession	S.11(i)
10	Appoint officers and staff	S.11(j)
11	Manage its own affairs	S.11 (general)

Delegation (Section 12)

The Council may delegate any of its powers to committees of at least 5 members, subject to conditions specified by the Council.

Sri Lanka Nurses' Fund (Section 22)

Aspect	Details
Sources	Registration fees, donations, investment income
Purpose	Covers all Council expenditures
Administration	By the Registrar (who is also Secretary and Treasurer)
Accounts	Proper records maintained; annual audit by approved auditor (S.23)
Financial year	1 January to 31 December (S.23)
Reporting	Annual report by 31 March covering activities, income, expenditure (S.24)

Penalties (Section 25)

Offence	First Offence	Subsequent / Aggravated
Using "Registered Nurse" title without registration	Rs. 1,000 fine	Rs. 5,000 fine
Falsifying the register	Rs. 5,000 fine or 6 months imprisonment	—
Employing unregistered nurses in medical institutions	Rs. 5,000 fine or 6 months imprisonment	—
Practising nursing for gain without registration	Rs. 5,000 fine or 6 months imprisonment	—

Transitional Exemption (Section 25(5))

Nursing homes registered under the Nursing Homes (Regulation) Act are given a 5-year grace period during which they may employ nurses who are not yet registered under this Act.

Cross-References

Medical Ordinance, No. 26 of 1927 — Part IX Repealed

Section 27 repeals Part IX of the Medical Ordinance (Chapter 105), which previously governed the registration of nurses. This transfers sole regulatory authority over nursing from the Sri Lanka Medical Council to the new Nurses' Council. Pre-existing regulations made under Part IX are deemed valid under this Act until amended (S.27).

Nursing Homes (Regulation) Act, No. 16 of 1949

Section 25(5) provides a 5-year transitional exemption for nursing homes registered under the Nursing Homes (Regulation) Act, allowing them to employ unregistered nurses during the transition period.

Bribery Act

Section 28 deems the Sri Lanka Nurses' Council a "Scheduled institution" under the Bribery Act, subjecting Council members and officers to anti-corruption provisions.

Amendment Timeline

1988

No amendments have been enacted since 1988.

Entity Relationships & Governance

Governance Hierarchy (1952 Design)

Current Replacement Structure (Post-1989)

Data Confidence

Legislative Framework

high

Historical Details

medium

Current Operational Status

medium

Definitions (Section 29)

Term	Definition
Approved auditor	A member of the Institute of Chartered Accountants of Sri Lanka, or a firm thereof
Ex-officio member	Director-General of Health Services and the four specified Director-level nursing posts
Prescribed	Prescribed by regulations made under this Act
Council	The Sri Lanka Nurses' Council established under Section 2
Registrar	The Registrar appointed under Section 14, who also serves as Secretary and Treasurer
Register	The register of nurses maintained under Section 16

Research Gaps

The following areas require further investigation:

Current membership: Names and composition of the current Council are not publicly documented
Number of registered nurses: Total registrants in the nursing register is unknown from public sources
Regulations made under S.26: Whether regulations on uniforms, badges, fees, and disciplinary procedures have been gazetted
Code of ethics: Whether the Council has formally prescribed a code of ethics under S.11(i)
Curriculum recommendations: What curricula the Council has recommended and their implementation status
Election procedures: Detailed procedures for electing the 7 nurse members
Meeting records: No publicly available minutes or meeting schedules
Appointed date: The exact date on which the Minister appointed the Act to come into operation
Fund status: Current balance and annual revenue/expenditure of the Sri Lanka Nurses' Fund
Transitional completion: Whether the 5-year grace period (S.25(5)) resulted in full compliance by nursing homes

Act Structure​

Section Detail​

Statutory Bodies​

Council Composition Detail​

Registration Framework​

Requirements (Section 16)​

Transitional Provisions (Section 17)​

Additional Qualifications (Section 18)​

Disciplinary Powers (Section 20)​

Objects and Functions (Section 11)​

Delegation (Section 12)​

Sri Lanka Nurses' Fund (Section 22)​

Penalties (Section 25)​

Transitional Exemption (Section 25(5))​

Cross-References​

Medical Ordinance, No. 26 of 1927 — Part IX Repealed​

Nursing Homes (Regulation) Act, No. 16 of 1949​

Bribery Act​

Amendment Timeline​

Entity Relationships & Governance​