The Indian Veterinary Council Act, 1984
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Animal Husbandry and Dairying
Section
Section 1 Short titles, extent and commencement. 2 docs
(1) This Act may be called the Indian Veterinary Council Act, 1984.
(2) It extends, in the first instance, to the whole of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan and to all Union territories1 ; and it shall also extend to such other States as may adopt this Act by resolution passed in that behalf in pursuance of clause (1) of article 252 of the Constitution.
(3) It shall come into force in a State or Union territory to which it extends, or may become extended in future, on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or for different States or Union territories.
(2) It extends, in the first instance, to the whole of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan and to all Union territories1 ; and it shall also extend to such other States as may adopt this Act by resolution passed in that behalf in pursuance of clause (1) of article 252 of the Constitution.
(3) It shall come into force in a State or Union territory to which it extends, or may become extended in future, on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or for different States or Union territories.
1. Extended to the Union territory of Jummu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Council" means the Veterinary Council of India established under section 3;
(b) "member" means a member of the Council;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "President" means the President of the Council;
(e) "recognised veterinary qualification" means any of the veterinary qualifications included in the First Schedule or the Second Schedule;
(f) "register" means a register maintained under this Act;
(g) "registered veterinary practitioner" means a person whose name is for the time being duly registered in a register;
(h) "regulation" means a regulation made under this Act;
(i) "State Veterinary Council" means a Veterinary Council established under section 32 and includes a Joint State Veterinary Council established in accordance with an agreement under section 33;
(j) "veterinary institution" means any University or other institution within or without India which grants degrees, diplomas or licences in veterinary science and animal husbandry;
(k) "veterinary medicine" means modern scientific veterinary medicine in all its branches and includes veterinary surgery and obstetrics;
(l) "Vice-President" means the Vice-President of the Council.
(a) "Council" means the Veterinary Council of India established under section 3;
(b) "member" means a member of the Council;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "President" means the President of the Council;
(e) "recognised veterinary qualification" means any of the veterinary qualifications included in the First Schedule or the Second Schedule;
(f) "register" means a register maintained under this Act;
(g) "registered veterinary practitioner" means a person whose name is for the time being duly registered in a register;
(h) "regulation" means a regulation made under this Act;
(i) "State Veterinary Council" means a Veterinary Council established under section 32 and includes a Joint State Veterinary Council established in accordance with an agreement under section 33;
(j) "veterinary institution" means any University or other institution within or without India which grants degrees, diplomas or licences in veterinary science and animal husbandry;
(k) "veterinary medicine" means modern scientific veterinary medicine in all its branches and includes veterinary surgery and obstetrics;
(l) "Vice-President" means the Vice-President of the Council.
Section 3 Establishment and composition of the Council. 1 docs
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Council to be called the Veterinary Council of India.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue or be sued.
(3) The Council shall consist of the following members, namely:--
(a) five members to be nominated by the Central Government from amongst Directors of Animal Husbandry (by whatever name called) of those States to which this Act extends;
(b) four members to be nominated by the Central Government from amongst the heads of veterinary institutions in the States to which this Act extends;
(c) one member to be nominated by the Indian Council of Agricultural Research;
(d) the Animal Husbandry Commissioner, Government of India, ex officio;
(e) one member to be nominated by the Central Government to represent the Ministry of the Central Government dealing with animal husbandry;
(f) one member to be nominated by the Indian Veterinary Association;
(g) eleven members to be elected from amongst themselves by persons enrolled in the Indian veterinary practitioners register;
(h) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Councils of those States to which this Act extends;
(i) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Associations of those States to which this Act extends;
(j) Secretary, Veterinary Council of India, ex officio.
(4) The President and Vice-President shall be elected by the members from amongst themselves in such manner as may be provided by regulations.
(5) Whenever there is a vacancy in the office of the President, the Vice-President shall discharge the functions of the President.
(6) The names of persons nominated or elected as members shall be notified by the Central Government in the Official Gazette.
(7) A person shall not be qualified for nomination or election to the Council unless he holds a recognised veterinary qualification.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue or be sued.
(3) The Council shall consist of the following members, namely:--
(a) five members to be nominated by the Central Government from amongst Directors of Animal Husbandry (by whatever name called) of those States to which this Act extends;
(b) four members to be nominated by the Central Government from amongst the heads of veterinary institutions in the States to which this Act extends;
(c) one member to be nominated by the Indian Council of Agricultural Research;
(d) the Animal Husbandry Commissioner, Government of India, ex officio;
(e) one member to be nominated by the Central Government to represent the Ministry of the Central Government dealing with animal husbandry;
(f) one member to be nominated by the Indian Veterinary Association;
(g) eleven members to be elected from amongst themselves by persons enrolled in the Indian veterinary practitioners register;
(h) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Councils of those States to which this Act extends;
(i) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Associations of those States to which this Act extends;
(j) Secretary, Veterinary Council of India, ex officio.
(4) The President and Vice-President shall be elected by the members from amongst themselves in such manner as may be provided by regulations.
(5) Whenever there is a vacancy in the office of the President, the Vice-President shall discharge the functions of the President.
(6) The names of persons nominated or elected as members shall be notified by the Central Government in the Official Gazette.
(7) A person shall not be qualified for nomination or election to the Council unless he holds a recognised veterinary qualification.
Section 4 Mode of election of members. 1 docs
(1) An election under clause (g) of sub-section (3) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf and any rule so made may provide that pending the preparation of the Indian veterinary practitioners register in accordance with the provisions of this Act, the members referred to in that clause may be nominated by the Central Government instead of being elected as provided therein.
(2) Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government for its decision which shall be final.
(2) Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government for its decision which shall be final.
Section 5 Term of office of President, Vice-President and members.
(1) The President or Vice-President shall hold office for a term not exceeding three years and not extending beyond the expiry of his term as a member.
(2) Subject to the provisions of this section, a member, other than an ex officio member, shall hold office for a term of three years from the date of his election or nomination to the Council or until his successor shall have been duly elected or nominated, whichever is longer.
(3) Members of the Council shall be eligible for re-nomination or re-election.
(4) Where the term of three years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires, but, he shall not assume office until the said term has expired.
(2) Subject to the provisions of this section, a member, other than an ex officio member, shall hold office for a term of three years from the date of his election or nomination to the Council or until his successor shall have been duly elected or nominated, whichever is longer.
(3) Members of the Council shall be eligible for re-nomination or re-election.
(4) Where the term of three years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires, but, he shall not assume office until the said term has expired.
Section 6 Cessation of membership.
(1) A member shall be deemed to have vacated his office--
(a) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council;
(b) if he ceases to hold the post from which he has been nominated;
(c) in the case of a member elected under clause (g) of sub-section (3) of section 3, if he ceases to be a person enrolled in the register;
(d) if he has been convicted of an offence involving moral turpitude and punishable with imprisonment;
(e) if he is an undischarged insolvent;
(f) if he is of unsound mind and stands so declared by a competent court.
(2) On the occurrence of a vacancy referred to in sub-section (1), the President shall forthwith report the fact of such vacancy to the Central Government and thereafter that Government may, subject to the proviso to section 7, take necessary steps to fill such vacancy.
(a) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council;
(b) if he ceases to hold the post from which he has been nominated;
(c) in the case of a member elected under clause (g) of sub-section (3) of section 3, if he ceases to be a person enrolled in the register;
(d) if he has been convicted of an offence involving moral turpitude and punishable with imprisonment;
(e) if he is an undischarged insolvent;
(f) if he is of unsound mind and stands so declared by a competent court.
(2) On the occurrence of a vacancy referred to in sub-section (1), the President shall forthwith report the fact of such vacancy to the Central Government and thereafter that Government may, subject to the proviso to section 7, take necessary steps to fill such vacancy.
Section 7 Casual vacancies.
A casual vacancy in the Council shall be filled by nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected:
Provided that no such casual vacancy occurring within three months of the date of expiry of the normal term of office of a nominated or an elected member need be filled under this section.
Provided that no such casual vacancy occurring within three months of the date of expiry of the normal term of office of a nominated or an elected member need be filled under this section.
Section 8 Resignation.
(1) The President or Vice-President may at any time resign his office by notice in writing addressed to the Council and delivered to the Secretary and the resignation shall take effect from the date on which it is accepted by the Council or on the expiry of ninety days from the date of receipt of the resignation by the Secretary, whichever is earlier.
(2) A member may at any time resign his office by notice in writing addressed to the President and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier.
(2) A member may at any time resign his office by notice in writing addressed to the President and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier.
Section 9 Meetings of the Council.
(1) The Council shall meet at least twice in a year at such time and place as may be appointed by the Council.
(2) The quorum necessary for the transaction of business at a meeting of the Council shall be nine.
(3) The President when present shall preside at every meeting of the Council and in his absence the Vice-President and in the absence of both any other member elected by the members present from amongst themselves shall preside at such meeting.
(4) Save as otherwise provided in this Act, all questions which come up before any meeting of the Council shall be decided by a majority of the members present and voting.
(5) In the case of an equality of votes, the President shall have a casting vote.
(6) Subject to the provisions of sub-sections (1) to (5), the Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations.
(2) The quorum necessary for the transaction of business at a meeting of the Council shall be nine.
(3) The President when present shall preside at every meeting of the Council and in his absence the Vice-President and in the absence of both any other member elected by the members present from amongst themselves shall preside at such meeting.
(4) Save as otherwise provided in this Act, all questions which come up before any meeting of the Council shall be decided by a majority of the members present and voting.
(5) In the case of an equality of votes, the President shall have a casting vote.
(6) Subject to the provisions of sub-sections (1) to (5), the Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations.
Section 10 Vacancies in the Council not to invalidate acts, etc.
No act or proceeding of the Council shall be invalid by reason only of the existence of a vacancy in the council or on account of any defect or irregularity in its constitution.
Section 11 Appointment of Secretary and other officers or servants.
(1) The Council may, with the previous sanction of the Central Government, appoint a Secretary (who shall also act as Treasurer unless the Council appoints any other person as Treasurer) and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this Act.
(2) The terms and conditions of service of the Secretary, other officers and employees appointed by the Council shall be such as may be provided by regulations.
(3) The Secretary, officers and other employees of the Council shall be deemed to the public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(4) All orders and decisions and other instruments of the Council shall be authenticated by the signature of the Secretary or any other officer of the Council duly authorised by it in this behalf.
(2) The terms and conditions of service of the Secretary, other officers and employees appointed by the Council shall be such as may be provided by regulations.
(3) The Secretary, officers and other employees of the Council shall be deemed to the public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(4) All orders and decisions and other instruments of the Council shall be authenticated by the signature of the Secretary or any other officer of the Council duly authorised by it in this behalf.
Section 12 Executive Committee and other Committees.
(1) The Council shall appoint from among its members an Executive Committee and may constitute other Committees for such general or specific purposes as the Council considers necessary and may co-opt any person or persons specially qualified to advise on any matter to any Committee other than the Executive Committee.
(2) A Committee constituted under this section shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.
(2) A Committee constituted under this section shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.
Section 13 Fees and allowances.
The President and other members and the members of the Committees (other than the members of the Council) shall be paid such fees and allowances for attending the meetings of the Council and the Committees as may be provided by regulations.
Section 14 Information to be furnished by the Council and publication thereof.
(1) The Council shall furnish such reports, copies of its minutes, abstract of its accounts and other information to the Central Government as that Government may require.
(2) The Central Government may publish in such manner as it may think fit any report, copy, abstract or other information furnished to it under this section.
(2) The Central Government may publish in such manner as it may think fit any report, copy, abstract or other information furnished to it under this section.
Section 15 Recognition of veterinary qualifications granted by veterinary institutions in India. 2 docs
(1) The veterinary qualifications granted by any veterinary institution in India which are included in the First Schedule shall be recognised veterinary qualifications for the purposes of this Act.
(2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.
(2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.
Section 16 Recognition of veterinary qualifications granted by veterinary institutions in countries with which there is a scheme of reciprocity.
(1) The veterinary qualifications granted by veterinary institutions outside India which are included in the Second Schedule shall be recognised veterinary qualifications for the purposes of this Act.
(2) The Council may enter into negotiations with the authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of veterinary practitioners, for the setting of a scheme of reciprocity for the recognition of veterinary qualifications, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to include therein the veterinary qualification which the Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.
(3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date.
(4) Where the Council has refused to recommend any veterinary qualification which has been proposed for recognition by any authority referred to in sub-section (2) and the authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub-section (2) shall apply to such notification.
(2) The Council may enter into negotiations with the authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of veterinary practitioners, for the setting of a scheme of reciprocity for the recognition of veterinary qualifications, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to include therein the veterinary qualification which the Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.
(3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date.
(4) Where the Council has refused to recommend any veterinary qualification which has been proposed for recognition by any authority referred to in sub-section (2) and the authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub-section (2) shall apply to such notification.
Section 17 Special provisions in certain cases for recognition of veterinary qualifications granted by veterinary institutions in countries with which there is no scheme of reciprocity.
(1) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, direct that the veterniary qualifications granted by veterinary institutions in any country outside India in respect of which a scheme of reciprocity for the recognition of veterinary qualifications is not in force shall be recognised veterinary qualification for the purposes of this Act or shall be so only when granted after a specified date:
Provided that veterinary practice by persons possessing such qualifications--
(a) shall be permitted only if such persons are enrolled as veterinary practitioners in accordance with the law regulating the registration of veterinary practitioners for the time being in force in that country;
(b) shall be limited to the institution to which they are attached for the time being for the purpose of teaching, research work, charitable work; and
(c) shall be limited to the period specified in this behalf by the Central Government by general or special order.
(2) In respect of any such veterinary qualification, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, direct that it shall be a recognised veterinary qualification only when granted before a specified date.
Provided that veterinary practice by persons possessing such qualifications--
(a) shall be permitted only if such persons are enrolled as veterinary practitioners in accordance with the law regulating the registration of veterinary practitioners for the time being in force in that country;
(b) shall be limited to the institution to which they are attached for the time being for the purpose of teaching, research work, charitable work; and
(c) shall be limited to the period specified in this behalf by the Central Government by general or special order.
(2) In respect of any such veterinary qualification, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, direct that it shall be a recognised veterinary qualification only when granted before a specified date.
Section 18 Power to require information as to courses of study and examinations.
Every veterinary institution in a State which grants a recognised veterinary qualification shall furnish such information as the Council may from time to time require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.
Section 19 Inspection of veterinary institutions and examinations. 1 docs
(1) A Committee constituted under section 12 may, subject to regulations, if any, made by the Council, appoint such number of veterinary inspectors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of recommending to the Central Government recognition of veterinary qualification granted by that veterinary institution.
(2) The veterinary inspectors shall not interfere with the conduct of any training or examination, but shall report to the Committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend.
(3) The Committee shall forward a copy of any such report to the veterinary institution concerned and shall also forward a copy with remarks, if any, of the said institution thereon, to the Central Government.
(2) The veterinary inspectors shall not interfere with the conduct of any training or examination, but shall report to the Committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend.
(3) The Committee shall forward a copy of any such report to the veterinary institution concerned and shall also forward a copy with remarks, if any, of the said institution thereon, to the Central Government.
Section 20 Appointment of visitors. 1 docs
(1) The Council may appoint such number of visitors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of granting any recognised veterinary qualification.
(2) Any person, whether he is a member or not, may be appointed as a visitor under this section, but a person who is appointed as an inspector under section 19 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President otherwise directs:
Provided that if the Central Government requires a copy of the report of the visitor, the Council shall furnish the same.
(2) Any person, whether he is a member or not, may be appointed as a visitor under this section, but a person who is appointed as an inspector under section 19 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President otherwise directs:
Provided that if the Central Government requires a copy of the report of the visitor, the Council shall furnish the same.