The Indian Veterinary Council Act, 1984
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Animal Husbandry and Dairying
Section
Section 61 Payment of part of fees to Council.
The State Veterinary Council shall, before the end of June in each year, pay to the Council a sum equivalent to one-fourth of the total fees realised by the State Veterinary Council under this Act during the period of twelve months ending on the 31st day of March of that year.
Section 62 Accounts and audit.
(1) The Council shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Council shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Council to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers and to inspect the office of the Council.
(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
(5) A copy of the accounts of the Council as so certified together with the audit report thereon shall be forwarded simultaneously to the Council.
(2) The accounts of the Council shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Council to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers and to inspect the office of the Council.
(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
(5) A copy of the accounts of the Council as so certified together with the audit report thereon shall be forwarded simultaneously to the Council.
Section 63 Appointment of Commission of Inquiry.
(1) Whenever it appears to the Central Government that the Council is not complying with any of the provisions of this Act, the Central Government may appoint a Commission of Inquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being the Judge of a High Court and one by the Council and refer to it the matter on which the inquiry is to be made.
(2) The Commission shall proceed to inquire in a summary manner and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend.
(3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration.
(4) After the report is finally accepted, the Central Government may order the Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission.
(5) Whenever it appears to the State Government that the State Veterinary Council is not complying with any of the provisions of this Act, the State Government may likewise appoint a similar Commission of inquiry in respect of the State Veterinary Council to make inquiry in like manner and pass such orders or take such action as specified in sub-sections (3) and (4).
(2) The Commission shall proceed to inquire in a summary manner and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend.
(3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration.
(4) After the report is finally accepted, the Central Government may order the Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission.
(5) Whenever it appears to the State Government that the State Veterinary Council is not complying with any of the provisions of this Act, the State Government may likewise appoint a similar Commission of inquiry in respect of the State Veterinary Council to make inquiry in like manner and pass such orders or take such action as specified in sub-sections (3) and (4).
Section 64 Power of Central Government to make rules. 3 docs
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters II, III, IV and V.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 65 Power of State Government to make rules. 1 docs
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters VI, VII and VIII.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner in which the President of the State Veterinary Council shall be elected under section 36;
(b) the manner in which election under Chapter VI shall be conducted;
(c) the procedure to be observed by the State Veterinary Council at its meetings under sub-section (6) of section 38;
(d) the conditions and restrictions with respect to the constitution of Executive Committee and other Committees under section 40;
(e) the fees and allowances for attending the meetings of the State Veterinary Council and the Committees under section 41;
(f) the terms and conditions of appointment of the Registrar, other officers and employees of the State Veterinary Council under sub-section (2) of section 42;
(g) the particulars to be included in the State veterinary register under clause (e) of sub-section (4) of section 44;
(h) the fee which shall be accompanied by an application for registration under sub-section (2) of section 45 and sub-section (1) of section 47;
(i) the form of certificate of registration under sub-section (5) of section 45 and sub-section (5) of section 47;
(j) the fee payable under section 46, section 50, section 52 and section 54;
(k) the renewal fee under sub-section (1) of section 48;
(l) the manner of payment of renewal fee under the proviso to sub-section (2) of section 48;
(m) the charge for supplying printed copies of the State veterinary register under section 51;
(n) the form of duplicate certificate under section 54;
(o) any other matter which is to be or may be prescribed under Chapters VI, VII and VIII.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner in which the President of the State Veterinary Council shall be elected under section 36;
(b) the manner in which election under Chapter VI shall be conducted;
(c) the procedure to be observed by the State Veterinary Council at its meetings under sub-section (6) of section 38;
(d) the conditions and restrictions with respect to the constitution of Executive Committee and other Committees under section 40;
(e) the fees and allowances for attending the meetings of the State Veterinary Council and the Committees under section 41;
(f) the terms and conditions of appointment of the Registrar, other officers and employees of the State Veterinary Council under sub-section (2) of section 42;
(g) the particulars to be included in the State veterinary register under clause (e) of sub-section (4) of section 44;
(h) the fee which shall be accompanied by an application for registration under sub-section (2) of section 45 and sub-section (1) of section 47;
(i) the form of certificate of registration under sub-section (5) of section 45 and sub-section (5) of section 47;
(j) the fee payable under section 46, section 50, section 52 and section 54;
(k) the renewal fee under sub-section (1) of section 48;
(l) the manner of payment of renewal fee under the proviso to sub-section (2) of section 48;
(m) the charge for supplying printed copies of the State veterinary register under section 51;
(n) the form of duplicate certificate under section 54;
(o) any other matter which is to be or may be prescribed under Chapters VI, VII and VIII.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House
Section 66 Power to make regulations. 11 docs
(1) The Council may, with the previous approval of the Central Government, make regulations, not inconsistent with the provisions of this Act and the rules made under section 64, to carry out the purposes of Chapters II, III, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the manner in which the President and Vice-President shall be elected under sub-section (4) of section 3;
(b) the procedure to be observed respectively by the Council and the Committee at their meeting under sub-section (6) of section 9 and sub-section (2) of section 12;
(c) the terms and conditions of appointment of the Secretary, other officers and employees of the Council under sub-section (2) of section 11;
(d) the fees and allowances for attending the meetings of the Council and the Committees under section 13;
(e) the form and manner in which the Indian veterinary practitioners register shall be maintained under sub-section (1) of section 23;
(f) the manner of keeping the Indian veterinary practitioners register under sub-section (2) of section 23;
(g) the form and manner in which an application may be made under section 24;
(h) the form of application and the fee payable under sub-section (1) of section 25;
(i) the form of certificate of registration under sub-section (2) of section 25;
(j) the fee payable under sub-section (3) of section 25;
(k) the form of duplicate certificate under sub-section (3) of section 25;
(l) the form and manner in which an application may be made and the fee payable under sub-section (1) of section 26;
(m) the standards of professional conduct and etiquette and code of ethics to be observed by veterinary practitioners under sub-section (1) of section 31;
(n) any other matter for which under this Act provision may be made by regulations.
(3) Every regulation shall, as soon as may be after it is made by the Council, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the manner in which the President and Vice-President shall be elected under sub-section (4) of section 3;
(b) the procedure to be observed respectively by the Council and the Committee at their meeting under sub-section (6) of section 9 and sub-section (2) of section 12;
(c) the terms and conditions of appointment of the Secretary, other officers and employees of the Council under sub-section (2) of section 11;
(d) the fees and allowances for attending the meetings of the Council and the Committees under section 13;
(e) the form and manner in which the Indian veterinary practitioners register shall be maintained under sub-section (1) of section 23;
(f) the manner of keeping the Indian veterinary practitioners register under sub-section (2) of section 23;
(g) the form and manner in which an application may be made under section 24;
(h) the form of application and the fee payable under sub-section (1) of section 25;
(i) the form of certificate of registration under sub-section (2) of section 25;
(j) the fee payable under sub-section (3) of section 25;
(k) the form of duplicate certificate under sub-section (3) of section 25;
(l) the form and manner in which an application may be made and the fee payable under sub-section (1) of section 26;
(m) the standards of professional conduct and etiquette and code of ethics to be observed by veterinary practitioners under sub-section (1) of section 31;
(n) any other matter for which under this Act provision may be made by regulations.
(3) Every regulation shall, as soon as may be after it is made by the Council, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.
Section 67 Repeal and saving.
As from the commencement of this Act in any State, every other Act relating to any matter contained in this Act and in force in that State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed and the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to such repeal as if such other Act were a Central Act.