Report No. 249
11. Military Nursing Service Ordinance, Ordinance 30 of 1943
Category: Defence of India and Armed Forces
Recommendation: Repeal with amendments to the existing law.
The Ordinance constituted a force called the Indian Military Nursing Service (IMNS) as part of the armed forces of the Union. This Ordinance provides for matters such as eligibility for appointment to the IMNS, procedure for dismissal and constitution of the IMNS. The IMNS is now an integral part of the Armed Forces Medical Services (AFMS).
Post-independence, through a special Gazette of India notification, the Army Act, 1950 was subsequently made applicable to the Officers of the IMNS with suitable modification and adaptation. These adaptations and modifications are contained in Army Order (AO) 197/59. However, while amendments were made to the Ordinance so as to make the Army Act, 1950 applicable to the IMNS, corresponding amendments have not been made to the Army Act.
Consequently, provisions of the Ordinance are still being used in adjudication of disputes relating to the terms and conditions of service of members of the IMNS. While this Ordinance cannot be simply repealed, suitable amendments should be brought to the Army Act, 1950 to incorporate provisions pertaining to members of the IMNS.