The Indian Veterinary Council Act, 1984
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Animal Husbandry and Dairying
Section
Section 21 Withdrawal of recognition. 3 docs
(1) When upon report by the Committee or the visitor, it appears to the Council--
(a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or
(b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council.
the Council shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the State Government of the State in which the veterinary institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the State Government.
(3) On receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendation to the Central Government.
(4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date:
Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research.
(a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or
(b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council.
the Council shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the State Government of the State in which the veterinary institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the State Government.
(3) On receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendation to the Central Government.
(4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date:
Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research.
Section 22 Minimum standards of veterinary education. 1 docs
(1) The Council may, by regulations, specify the minimum standards of veterinary education required for granting recognised veterinary qualifications by veterinary institutions in those States to which this Act extends.
(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to the State Government concerned and the Council shall, before submitting such regulations or any amendments thereof, as the case may be, to the Central Government for approval, take into consideration the comments of the State Government received within three months from the furnishing of the copies as aforesaid.
(3) The Central Government may, before approving such regulations or any amendments thereof, consult the Indian Council of Agricultural Research.
(4) The Committee constituted under section 12 shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit.
(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to the State Government concerned and the Council shall, before submitting such regulations or any amendments thereof, as the case may be, to the Central Government for approval, take into consideration the comments of the State Government received within three months from the furnishing of the copies as aforesaid.
(3) The Central Government may, before approving such regulations or any amendments thereof, consult the Indian Council of Agricultural Research.
(4) The Committee constituted under section 12 shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit.
Section 23 Indian veterinary practitioners register.
(1) The Council shall, as soon as may be after the commencement of this Act, cause to be maintained in such form and in such manner as may be provided by regulations a register of veterinary practitioners to be known as the Indian veterinary practitioners register which shall contain the names of all persons who possess the recognised veterinary qualifications and who are for the time being enrolled on a State veterinary register of the State to which this Act extends.
(2) It shall be the duty of the Secretary of the Council to keep the Indian veterinary practitioners register in accordance with the provisions of this Act and of any orders made by the Council, and from time to time to revise the register and publish it in the Gazette of India or in such other manner as may be provided by regulations.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a copy published in the Gazette of India.
(4) Each State Veterinary Council shall furnish to the Council six printed copies of the State veterinary register as soon as may be after the 1st day of April of each year and each State Veterinary Council shall inform the Council without delay of all additions to, and other amendments in, the State veterinary register made from time to time.
(2) It shall be the duty of the Secretary of the Council to keep the Indian veterinary practitioners register in accordance with the provisions of this Act and of any orders made by the Council, and from time to time to revise the register and publish it in the Gazette of India or in such other manner as may be provided by regulations.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a copy published in the Gazette of India.
(4) Each State Veterinary Council shall furnish to the Council six printed copies of the State veterinary register as soon as may be after the 1st day of April of each year and each State Veterinary Council shall inform the Council without delay of all additions to, and other amendments in, the State veterinary register made from time to time.
Section 24 Registration in the Indian veterinary practitioners register.
The Secretary of the Council may, on receipt of the report of registration of a person in a State veterinary register or on an application made in such form and in such manner, as may be provided by regulations, by any such person, enter his name in the Indian veterinary practitioners register:
Provided that the Secretary is satisfied that the person concerned possesses a recognised veterinary qualification.
Provided that the Secretary is satisfied that the person concerned possesses a recognised veterinary qualification.
Section 25 Issue of certificate of registration.
(1) Any person whose name has been entered in the Indian veterinary practitioners register shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to a certificate of registration.
(2) On receipt of an application under sub-section (1), the Council shall grant to the applicant a certificate of registration in such form as may be provided by regulations:
Provided that on the removal of his name from a register, such certificate shall cease to be valid.
(3) Where it is shown to the satisfaction of the Secretary of the Council that a certificate of registration has been lost or destroyed, the Secretary may, on payment of such fees, not exceeding ten rupees, as may be specified by regulations, issue a duplicate certificate in such form as may be specified in the regulations.
(2) On receipt of an application under sub-section (1), the Council shall grant to the applicant a certificate of registration in such form as may be provided by regulations:
Provided that on the removal of his name from a register, such certificate shall cease to be valid.
(3) Where it is shown to the satisfaction of the Secretary of the Council that a certificate of registration has been lost or destroyed, the Secretary may, on payment of such fees, not exceeding ten rupees, as may be specified by regulations, issue a duplicate certificate in such form as may be specified in the regulations.
Section 26 Registration of additional qualifications.
(1) If any person whose name is entered in the Indian veterinary practitioners register obtains any post-graduate degree or diploma in veterinary science in addition to his recognised veterinary qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to have an entry stating such degree or diploma made against his name in such register in addition to any entry previously made.
(2) The entries in respect of any such person in a State veterinary register shall be altered in accordance with the alterations made in the Indian veterinary practitioners register.
(2) The entries in respect of any such person in a State veterinary register shall be altered in accordance with the alterations made in the Indian veterinary practitioners register.
Section 27 Removal of names from the Indian veterinary practitioners register.
If the name of any person enrolled on a State veterinary register is removed therefrom in pursuance of any power conferred under this Act, the Council shall direct the removal of the name of such person from the Indian veterinary practitioners register.
Section 28 Person enrolled on Indian veterinary practitioners register to notify change of place of residence or practice.
Every person registered in the Indian veterinary practitioners register shall notify any transfer of the place of his residence or practice to the Council and the State Veterinary Council within ninety days of such transfer, failing which his right to participate in the election of members of the Council or a State Veterinary Council shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein.
Section 29 Privileges of persons, who are enrolled on the Indian veterinary practitioners register.
Subject to the conditions and restrictions laid down in this Act, every person whose name is for the time being borne on the Indian veterinary practitioners register shall be entitled according to his qualifications to practise as a veterinary practitioner and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments and other appliances or any fees to which he may be entitled.
Section 30 Right of persons who are enrolled on the Indian veterinary practitioners register.
No person, other than a registered veterinary practitioner, shall--
(a) hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority;
(b) practise veterinary medicine in any State:
Provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services.
Explanation.--"Minor veterinary services" means the rendering of preliminary veterinary aid, like, vaccination, castration, and dressing of wounds, and such other types of preliminary aid or the treatment of such ailments as the State Government may, by notification in the Official Gazette, specify in this behalf;
(c) be entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner;
(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872), on any matter relating to veterinary medicine.
(a) hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority;
(b) practise veterinary medicine in any State:
Provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services.
Explanation.--"Minor veterinary services" means the rendering of preliminary veterinary aid, like, vaccination, castration, and dressing of wounds, and such other types of preliminary aid or the treatment of such ailments as the State Government may, by notification in the Official Gazette, specify in this behalf;
(c) be entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner;
(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872), on any matter relating to veterinary medicine.
Section 31 Professional conduct. 1 docs
(1) The Council may, by regulations, specify standards of professional conduct and etiquette and a code of ethics for veterinary practitioners.
(2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provisions shall have effect notwithstanding anything contained in any other law for the time being in force.
(2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provisions shall have effect notwithstanding anything contained in any other law for the time being in force.
Section 32 Establishment and composition of State Veterinary Councils.
(1) Except where a Joint State Veterinary Council is established in accordance with an agreement made under section 33, the State Government shall establish a State Veterinary Council consisting of the following members, namely:--
(a) four members elected from among themselves by veterinary practitioners registered in the State veterinary register;
(b) the heads of veterinary institutions, if any, in the State, ex officio;
(c) three members nominated by the State Government;
(d) the Director of Veterinary Services of the State (by whatever name called), ex officio;
(e) one member to be nominated by the State Veterinary Association, if any;
(f) Registrar of the State Veterinary Council, ex officio.
(2) The names of persons nominated or elected as members shall be notified by the State Government in the Official Gazette.
(3) A person shall not be qualified for nomination or election as a member of the State Veterinary Council unless he holds a recognised veterinary qualification.
(a) four members elected from among themselves by veterinary practitioners registered in the State veterinary register;
(b) the heads of veterinary institutions, if any, in the State, ex officio;
(c) three members nominated by the State Government;
(d) the Director of Veterinary Services of the State (by whatever name called), ex officio;
(e) one member to be nominated by the State Veterinary Association, if any;
(f) Registrar of the State Veterinary Council, ex officio.
(2) The names of persons nominated or elected as members shall be notified by the State Government in the Official Gazette.
(3) A person shall not be qualified for nomination or election as a member of the State Veterinary Council unless he holds a recognised veterinary qualification.
Section 33 Inter-State agreements.
(1) Two or more State Governments may enter into an agreement to be in force for such period and to be subject to renewal for further periods, if any, as may be specified in the agreement to provide--
(a) for the establishment of a Joint State Veterinary Council for all participating States; or
(b) for the State Veterinary Council of one State to serve the needs of the other participating States.
(2) In addition to such matters as are in this Act specified, an agreement under this section may--
(a) provide for the apportionment between the participating States of the expenditure in connection with the State Veterinary Council or Joint State Veterinary Council;
(b) determine which of the participating State Governments shall exercise the several functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly;
(c) provide for consultation between the participating State Governments either generally or with reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be published in the Official Gazettes of the participating States.
(a) for the establishment of a Joint State Veterinary Council for all participating States; or
(b) for the State Veterinary Council of one State to serve the needs of the other participating States.
(2) In addition to such matters as are in this Act specified, an agreement under this section may--
(a) provide for the apportionment between the participating States of the expenditure in connection with the State Veterinary Council or Joint State Veterinary Council;
(b) determine which of the participating State Governments shall exercise the several functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly;
(c) provide for consultation between the participating State Governments either generally or with reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be published in the Official Gazettes of the participating States.
Section 34 Composition of Joint State Veterinary Councils.
(1) A Joint State Veterinary Council shall consist of the following members, namely:--
(a) two members elected from among themselves by veterinary practitioners registered in the register of each of the participating States;
(b) the heads of veterinary institutions, if any, in the participating States, ex officio;
(c) two members nominated by each participating State Government;
(d) the Director of Veterinary Services of each of the participating States, by whatever name called, ex officio;
(e) one nominee of the State Veterinary Associations, if any, of each of the participating States;
(f) Registrar of the Joint State Veterinary Council, ex officio.
(2) The names of the persons nominated or elected as members shall be notified by the State Governments in the Official Gazettes of the States.
(3) A person shall not be qualified for nomination or election as a member of the Joint State Veterinary Council unless he holds a recognised veterinary qualification.
(a) two members elected from among themselves by veterinary practitioners registered in the register of each of the participating States;
(b) the heads of veterinary institutions, if any, in the participating States, ex officio;
(c) two members nominated by each participating State Government;
(d) the Director of Veterinary Services of each of the participating States, by whatever name called, ex officio;
(e) one nominee of the State Veterinary Associations, if any, of each of the participating States;
(f) Registrar of the Joint State Veterinary Council, ex officio.
(2) The names of the persons nominated or elected as members shall be notified by the State Governments in the Official Gazettes of the States.
(3) A person shall not be qualified for nomination or election as a member of the Joint State Veterinary Council unless he holds a recognised veterinary qualification.
Section 35 Incorporation of State Veterinary Councils.
Every State Veterinary Council shall be a body corporate by such name as may be notified by the State Government in the Official Gazette or, in the case of a Joint State Veterinary Council, as may be determined in the agreement, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and shall by the said name sue or be sued.
Section 36 President.
The President of the State Veterinary Council shall be elected by the members of that Council from amongst themselves in such manner as may be prescribed.
Section 37 Mode of elections.
The election under this Chapter shall be conducted in the prescribed manner and where any dispute arises regarding any such election, it shall be referred to the State Government for its decision.
Section 38 Terms of office and causal vacancies.
(1) Subject to the provisions of this section, a member of the State Veterinary Council, 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 State Veterinary Council or until his successor has been duly elected or nominated, whichever is longer:
Provided that a member of the State Veterinary Council nominated under clause (c) of sub-section (1) of section 32 or clause (c) of sub-section (1) of section 34, shall hold office during the pleasure of the authority nominating him.
(2) Members of the State Veterinary Council shall be eligible for re-election or re-nomination, as the case may be.
(3) An elected or nominated member of the State Veterinary Council shall be deemed to have vacated his office--
(a) if he is absent without excuse, sufficient in the opinion of the State Veterinary Council, from three consecutive meetings of the State Veterinary Council;
(b) if he ceases to hold the office from which he has been nominated;
(c) in the case of a member whose name is required to be included in any State veterinary register, if his name is removed from 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.
(4) No act done by the State Veterinary Council shall be called in question on the ground merely of the existence of any vacancy, or defect, in the establishment of, the State Veterinary Council.
(5) A casual vacancy in the State Veterinary Council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(6) The State Veterinary Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed.
Provided that a member of the State Veterinary Council nominated under clause (c) of sub-section (1) of section 32 or clause (c) of sub-section (1) of section 34, shall hold office during the pleasure of the authority nominating him.
(2) Members of the State Veterinary Council shall be eligible for re-election or re-nomination, as the case may be.
(3) An elected or nominated member of the State Veterinary Council shall be deemed to have vacated his office--
(a) if he is absent without excuse, sufficient in the opinion of the State Veterinary Council, from three consecutive meetings of the State Veterinary Council;
(b) if he ceases to hold the office from which he has been nominated;
(c) in the case of a member whose name is required to be included in any State veterinary register, if his name is removed from 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.
(4) No act done by the State Veterinary Council shall be called in question on the ground merely of the existence of any vacancy, or defect, in the establishment of, the State Veterinary Council.
(5) A casual vacancy in the State Veterinary Council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(6) The State Veterinary Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed.
Section 39 Resignation.
(1) The President of the State Veterinary Council may at any time resign his office by notice in writing addressed to the State Veterinary Council and delivered to the Registrar and the resignation shall take effect from the date on which it is accepted by that Council or on the expiry of ninety days from the date of receipt of the resignation by the Registrar, whichever is earlier.
(2) A member of the State Veterinary Council may at any time resign his office by notice in writing addressed to the President of the State Veterinary Council 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 of the State Veterinary Council may at any time resign his office by notice in writing addressed to the President of the State Veterinary Council 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 40 Executive and other Committees.
Subject to such conditions and restrictions as may be prescribed, the State Veterinary Council may constitute an Executive Committee and other Committees for exercising any power or discharging any duty of the State Veterinary Council or for inquiring into, reporting with respect to, or advising on, any matter which the State Veterinary Council may refer to them.