Read full Act

Pre. .

It is hereby enacted in the Thirtieth Year of the Republic of India, as follows:

PART I

S.1 Short title, extent and commencement

(a) This Act may be called the Assam Veterinary Council Act, 1979.

(b) It extends to the whole of the State of Assam.

(c) It shall come into force on such date as the State Government may, by noti#31;fication in the official Gazette, appoint.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context,—

(a) ‘Council’ means the Assam Veterinary Council established under this Act;

(b) ‘Director’ means the Director of Animal Husbandry and Veterinary, Government of Assam;

(c) ‘Hospital’ means an institution in the State of Assam where animals shall be treated by methods approved by the Council;

(d) ‘Member’ means a member of the Council who shall be a recognised veterinary practitioner registered under this Act;

(e) ‘Prescribed’ means prescribed by rules and regulations made under this Act ;

(f) ‘President’ means the President of the Council;

(g) ‘Register1 means the Register of Veterinary Practitioners maintained under this Act;

(h) Registered Veterinary Practitioner’ means a veterinary practitioner who holds a re

S.3 Establishment of a Council

(i) The State Government shall, as soon as it may be possible after the preparation of the first Register, by notification in the official Gazette, establish a Council to be called the Assam Veterinary Council, and such Coun#31;cil shall be a body corporate having perpetual succession and common seal and shall, by the said name, sue and be sued.

(ii) The Council shall also act as an advisory body to the State Government in all policy matters concerning the Veterinary profession, Veterinary education and development of Animal Husbandry in the State.

S.4 Constitution of the Council and election of President and Vice-President

(i) The Council shall consist of the following members, namely :

(a) The Director, ex-officio member;

(b) The Dean/Principal of Veterinary College, ex-officio member;

(c) One representative other than the Dean/Principal of the Faculty of Animal Husbandry and Veterinary Science or Faculty, by whatever name called, which deals with Veterinary education in the University or Universities in the State of Assam;

(d) Six members to be elected by the Veterinary practitioners residing in the State of Assam and registered under this Act or, in the case of the first election, qualified to be so registered;

(e) Two members to be nominated by the State Government from among the registered veterinary practitioners, residing in the State of Assam or, in the case of first nomination, qualified to be so registered under this Act.

(ii) The electio

S.5 Nomination of members in default of election

In the event of the requisite number of the members not being elected under any of the Cls. (c) and (d) of S. 4 or, if any of the electoral bodies referred to in Cls. (c) and (d) of S. 4 does not, by such date as may be prescribed, elect a person to be a member of the Council, the State Government shall fill up the vacancy or vacancies by nominating the required number of registered veterinary practitioners, and any person so nominated shall be deemed to be a member as if he had been duly elected by such body.

S.6 Disqualification for being elected or nominated as a member

A person shall be disqualified for being elected or nominated as a member of the Council, if he—

(a) is not registered under this Act; or

(b) has been convicted and sentenced by any court for any non-bailable offence, such sentence not having been subsequently reversed or quashed; or

(c) is an undischarged insolvent; or

(d) is of unsound mind adjudged and certified by a competent Court:

Provided that the State Government may condone the disqualification referred to in Cl. (b) if the sentence has been fully undergone and a period of two years has elapsed since the termination of such sentence.

S.7 Publication of name of members

The name of every person elected or nominated under S. 4 or 5 shall be published by the State Government in the official Gazette.

S.8 Leave of absence to members

The Council may permit a member to absent himself from the meetings of the Council for a period not exceeding six months.

S.9 Cessation of membership

(1) A member of the Council shall be deemed to have vacated his seat, who—

(a) fails to accept office within one month of the date of his nomination or election; or

(b) is absent without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council; or

(c) is absent, out of India for a period exceeding six consecutive months; or

(d) becomes disqualified for election or nomination as a member for any of the reasons mentioned in S. 6.

(2) On the occurrence of a vacancy referred to in sub-S. (1), the President shall forthwith report the feet of such vacancy to the State Government.

(3) The State Government may, on the recommendation of the Council supported by at least two-third of the total number of its members, remove from office, any member elected or nominated under this Act, if such member has b

S.10 Filling of casual vacancies

If a member of the Council dies or resigns his membership, or ceases to be a member as provided in sub-S. (1) of S. 9, the vacancy shall be filled within three months by a fresh election or nomination as the case may be.

S.11 Term of office of members

(1) The term of office of the first member elected or nominated under S. 4 or 5 shall commence from such date as may be appointed by the State Government.

(2) The term of office of a member of the Council shall be three years from the date of his acceptance of office.

(3) When a member is elected or nominated in a seat vacated under sub-S. (1) of S. 9 and/or under S. 10, the term of office of such member shall be unexpired term of office of the member in whose place he is nominated or elected.

(4) Any member shall, if not disqualified for any reasons mentioned under S. 6, be eligible for re-election or re-nomination at the end of the term of office.

S.12 Regulation as to meeting, quorum and voting

(1) (a) No business shall be transacted at a meeting of the Council unless a quorum of five members be present.

(b) When a quorum is not formed in a meeting, the President shall, after waiting for not less than twenty minutes for such quorum, adjourn the meeting to such hour on the same day or to a future day as he may notify on the notice board at the office of the Council, and the business which would have been brought before the original meeting had there been a quorum, shall be brought before the adjourned meeting, and may be disposed of at such meeting or at any subsequent adjournment meeting, whether there be a quorum present or not.

(2) The President shall preside over all the meetings of the Council. In absence of the President, the Vice-President shall preside over the meeting. In absence of both the President and the Vice-President, some other member to be chosen from amongst the members will preside over the me

S.13 Payment of expenses to members

There shall be paid payment to the members of die Council, the expenses as may from time to time be prescribed by regulation under Cl. (a) of sub-S. (4) of 34.

S.14 Appointment of Registrar and other officials

(1) With the previous sanction of the State Government, the Council—

(a) shall appoint a Registrar;

(b) may grant leave to such Registrar and appoint a person to act in his place; and

(c) shall pay to the Registrar and to the person if any appointed to act in his place such salary and such allowances as the Council may determine from time to time.

(2) The Council may appoint such other officers and such ministerial and Class IV staff as it may consider necessary for the purposes of this Act, and shall pay them such salary and allowances if any as the Council may determine.

(3) The Registrar or the persons appointed to act in his place shall act as Secretary of the Council.

(4) Every person appointed under sub-Ss. (1) and (2) shall be deemed to be a public servant within the meaning of S. 21 of the Indian Penal Code.

S.15 Punishment and dismissal of official of the Council

(1) The Council may punish or dismiss a person appointed under sub-Ss. (1) and (2) of S. 14, after he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that previous sanction of the State Government shall be necessary in the case of a person appointed under sub-S. (1) of S. 14;

Provided further that a person appointed under sub-S. (2) of S. 14 shall have a right of appeal to the State Government against an order under this section within one month from the date of the communication of the order to him.

(2) The power to punish conferred by sub-S. (1) shall be deemed to include the power to suspend an officer.

(3) The power to dismiss conferred by sub-S. (1) shall be deemed to include the power to suspend any person against whom the power of dismissal might be exercised, pending inquiry into his conduct.

S.16 Order by the Council for maintenance of register

(1) The Council shall, as soon as convenient, after the commencement of this Act, and from time to time as occasion may require, make orders for regulating the maintenance of the Register of Veterinary Practitioners.

(2) The said register shall be kept in such form as may be prescribed.

S.17 Registrar’s functions in respect of register

(1) The Registrar shall main#31;tain the Register of Veterinary Practitioners in such form and in such manner as may be prescribed and shall make from time to time such entries, corrections, alterations or modifications in the entries therein as may be necessary or as may be directed by the Council.

(2) To enable the Registrar to fulfil the duties imposed upon him by sub-S. (1), he may send through the post a letter to any registered practitioner, addressed to him ac#31;cording to his registered address or appointment, to require whether he has ceased to practice or whether his residence or appointment has been changed; and if no answer to any such letter is received within a period of six months from its dispatch, the Registrar may erase the name of such registered veterinary practitioners from the register:

Provided that any name erased under this sub-section may be re-entered in the register under the direction of the

S.18 Persons entitled to be registered

(i) Any person holding any of the qualifications referred to in the Schedule or for the time being registered under any Act for the registration of Veterinary practitioners in force in any other State in India, if reciprocity of registration has been arranged with the authority, administering such Act, shall, subject to the provisions hereinafter contained and on payment of such fees as may be fixed in this behalf by regulations made under Cl. (b) of sub-S. (4) of S. 34, be entitled to have his name entered in the Register of Veterinary Practitioners :

Provided that the Registrar shall refer to the Council an application for entry in the register from a person in respect of whom he considers that the Council may wish to proceed under sub-S. (1) of S. 25 ;

Provided also that the Registrar, if so directed by the Council, shall refuse to register the name of any person notwithstanding the fact that he is in possession of

S.19 Power of Council to call for information from University or Veterinary College

The Council shall have power to call on the governing body or authorities of any Veterinary Faculty/Agriculture University included in Schedule—

(a) to furnish such reports, returns or other information as the Council may require to enable it to judge the efficiency of the instruction given therein ; and

(b) to provide facilities to enable a member of the Council deputed by the Council in this behalf to be present at the examination held by such University/College.

S.20 Information required of applicant for registration, renewal fee, etc.

(i) Every person who applies to have his name entered in the Register of Veterinary Prac#31;titioners—

(a) must satisfy the Registrar that he is in possession of the recognised Veterinary qualifications referred to in the Schedule as altered by notifica#31;tion, if any, issued under S. 18 (ii);

(b) must inform the Registrar of the dates on which he obtained the title or qualifications which entitled him to claim registration under this Act; and

(c) give the Registrar any information which he reasonably may require for the purpose of discharging his duties under this Act.

(ii) (a) The Council may, on being satisfied that a person applying for registration possesses a recognised Veterinary qualification and has paid the prescribed fee, allow the application and direct the Registrar to enter his name in the register and such entry shall, unless cancelled earlier, be borne in th

S.21 Entry of new titles and qualifications in register

If a person whose name is entered in the Register of Veterinary Practitioners obtains any title or qualification other than the title or qualification hi respect of which he has been registered, he shall, on payment of such fees as may be prescribed in this behalf by regulation made under Cl. (b) of sub-S. (4) of S. 34, be entitled to have an entry stating such other title or qualification made against his name in the register, either in substitution for, or in addition to, any entry previously made.

S.22 Financial matters

(1) The Council shall, for the administration of its purposes, realise registration fees for renewal of administration application fees and such other fees as may be decided by the Council; provided that the rate of which fees shall be charged or any variance thereof shall be given effect to with the prior approval of the Government. The Government may also issue any direction to the Council in this regard.

(2) It shall be competent for the Council to incur expenditure for the following purposes namely:

(a) salaries and allowances of the Registrar and staff maintained by the Council;

(b) fees and allowances paid to the members of the Council;

(c) such other expenses as are necessary for performing its duties and func#31;tions under this Act.

(3) The Council shall maintain in such form as may be prescribed proper accounts which shall be audited annually b

S.23 Appeal to Council from decision of Registrar

If a person is dissatisfied with a decision of the Registrar refusing to enter the name or any title or qualification of such person in the Register of Veterinary Practitioners he may, at any time within three months from the date of such decision, appeal to the Council whose decision shall be final.

S.24 Eraser of fraudulent and incorrect entries

Any entry in the Register of Veterinary Practitioners which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made, may be erased under an order in writing of the Council, after notice has been given to the person concerned and his objections (if any) have been considered.

S.25 Power of Council to prohibit entry in or to direct removal from the register, etc.

(1) The Council may upon reference to the Registrar or otherwise pro#31;hibit the entry in, or order the removal from, the register, the name of any veterinary practitioner:

(a) who has been sentenced by a criminal court or a court martial to imprisonment for an offence indicating in the opinion of the Council such defect in character as would render the entry or continuance of his name hi the register undesirable; or

(b) whom the Council after enquiry (at which an opportunity has been given to him to be heard in his defence and to appear either in person or by counsel, vakil, pleader or attorney, and which may at the discretion of the Council be held in camera) has found guilty by a majority of two-thirds of the members present and voting at the meeting of infamous conduct in any professional respect.

(2) Nothing in sub-S. (1) shall be deemed to justify the exclusion or removal from the register of

S.26 Appeal to State Government from decision of Council

(1) An appeal shall lie to the State Government from every decision of the Council under S. 23 or 25.

(2) Every appeal under sub-S. (1) shall be preferred within three months from the date of such decision.

S.27 Bar to suits and other legal proceedings

No suit or other legal proceed#31;ings shall lie in respect of any act done in good faith in the exercise of power conferred by this Act on the State Government or the Council or any of its members or office#31; bearers.

S.28 Notice of deaths and erasure of names from register

(1) Every Registrar of Deaths who receives notice of the death of a person whose name he knows to be entered in the Register of Veterinary Practitioners shall forthwith transmit by post to the Registrar of the Council a certificate of such death signed by him and stating particulars of the time and place of death.

(2) On receipt of such certificate, or other reliable information regarding death, the Registrar shall erase the name of the deceased person from the register.

(3) Every person registered under the Act shall be exempted, if he so desires, from serving on any inquest.

S.29 Penalty on unregistered person representing that he is registered

If a person whose name is not entered in the Register of Veterinary Practitioners falsely pretends that it is so entered or uses in connection with his name or title any words or letter representing that his name is so entered, he shall, whether any person is actually deceived by such representation or not, be punishable, on conviction by a Magistrate of the first class, with fine which may extend to three hundred rupees.

S.30 Court competent to try the offence under this Act

(i) No court other than the court of a Magistrate of the first class shall take cognizance of or try an offence under this Act.

(ii) For the purpose of any inquiry held under S. 25, or of any appeal under S. 23, the Council shall be deemed to be a Court within the meaning of the Indian Evidence Act, 1872, and shall exercise the powers of a Commissioner appointed under the Public Servants’ (Inquiries) Act, 1850, and every such inquiry and appeal shall be conducted, as far as may be, in accordance with the provisions of S. 5 and Ss. 8 to 10 of the said Public Servants’ (Inquiries) Act, 1850 and shall have the powers of a Civil Court while disposing of suits under the Code of Civil Procedure, 1908, in respect of the following matters:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents; and

S.31 Reservation of certain appointments of registered practitioners

No person other than a registered veterinary practitioner shall be competent to hold an appointment as Veterinary Physician, Surgeon or other Veterinary Officer in any Government institution and hospital/dispensary which is supported partially or wholly by public funds, or in any public or private establishment, body or institution or under a local authority unless he is registered under this Act.

S.32 Qualified practitioners’ certificates, etc.

(1) No certificate required by any Act from any Veterinary Practitioner or Veterinary Officer shall be valid unless the person signing the certificate shall have been registered under this Act.

(2) No prescription by a Veterinary Practitioner or Veterinary Officer shall be disposed of by chemists unless the person prescribing the prescription shall have been registered under this Act.

(3) No person shall be qualified to give evidence as an expert under S. 45 of the Indian Evidence Act, 1872 on any matter relating to Veterinary Science, unless the said person shall have been registered under this Act.

Annual Veterinary List

S.33 Publication of and presumption as to entries in Annual Veterinary List

(1) The Registrar shall once in every three years on or before a date to be fixed in this behalf by the Council, cause to be printed and published a correct list of the names for the tune being entered in the Register of Veterinary Practitioners setting forth—

(a) all names entered in the register arranged in alphabetical order according to the surnames;

(b) the registered address or appointment of each person whose name is entered in the register; and

(c) the registered titles and qualifications of each such person and the date on which each such title was granted or each such qualification was certified.

(2) The Registrar shall also cause to be printed and published an annual supplement in January every year showing therein the corrections made up to the 31st December preceding, in the list of names in the Register of Veterinary Practitioners last published.

S.34 Rules and Regulations

(1) The State Government may, after previous publication from time to time, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide—

(a) to regulate elections under this Act;

(b) to prescribe the form of the Register of Veterinary Practitioners to be maintained under this Act;

(c) to regulate the application of fees;

(d) to regulate the procedure to be followed by the Council for—

(i) conducting any inquiry under S. 25 ; and

(ii) disposing of appeals from the decision of the Registrar preferred under S. 23.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period o

S.35 Power of State Government to give directions to the Council

The State Government may give to the Council such directions as may be necessary for carrying out the purposes of the Act and it shall be the duty of the Council to comply with such direction.

S.36 Control of Council by the State Government

(1) If at any time it appears to the State Government that the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform a duty imposed upon it by the Act, file State Government may, if it considers such failure, excess or abuse to be of a serious character notify the particulars thereof to Council, and if the Council fails to remedy such failure, excess or abuse within such time as may be fixed by the State Government in this behalf the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such agency and for such period as it may think fit:

Provided that it shall take steps, as soon as it may be convenient to constitute a new Council of Members provided in S. 4.

(2) Notwithstanding anything contained in this Act, or in the rules or the regulations, if at any

Sch. .

SCHEDULE

PART I

Recognised Veterinary qualification, Recognised Veterinary Degree and Diplomas granted by Institutions in India

Read more document