EXTRAORDINARY SK3-=5Thn 0PH SRH&B BY AUTf iO Rm 32 10 1980, 20 cs?&, 1902 (*; )̂ N o. 32 js p u r T u esd a y , 10 th Ju n e 19 80 , 20th J y a is th a .
1802 (S .E .)
f^ V F B N M E N T OF AS SA M ORORBS BY THE GOVERNOR LEGISLA TIVE DEPARTMENT NO TIFICA TION ; - The 9th Ju ne 1980 No .LGL 121/77/119. The following Act of the Assam Le gis lat ive Vsembiy which received the assent of the Pres ident is here by pub-* nsh -d for general in& rm ation.
1 H THE ASSAM GAZETTE, EXTRAORDINARY, JUNE IQ, 1980 ASSAM ACT I OF 1980 (R eceiv ed th e as se nt o f the Pr es iden t o f India on 7th May 1980) THE ASSA M VETERINARY COU NCIL ACT, 1979 An Act to pr ov ide for the re gi st ra tion of Veter inar y Pra ct iti on er s in Assam and fo r certa in othe r m at te rs conn ected therew ith .
Preamble. It is hereby enacted in the Th irt iet h Yea r of the Republ ic of In di a, as follows :—
PART I Short title, extent and commence ment.
1. (a) This Act m ay be called the Assam Veterinary Council Act, 1979.
(b) It extends to the whole of the Sta te of Assam.
(c) It shall come into force on such date as the State Gov ernment may by noti ficat ion in the Official Gazet te, app oin t.
Definitions . 2. In this Act, unless the re is any thin g rep ugnant in the sub ject or context,—
(a) ‘COU NC IL ’ means the Assam V ete rinary Council es tab lish ed under this Act ;
(b) ‘DIRE CT OR’ means the Director of Animal Hu s bandry and Veteri nary, Government of Assam ;
(c) ‘HOSPITAL ’ means an ins titu tion in the Sta te of Assam where animals shall be tre ate d by methods app rov ed by the Counci l ;
(d) ‘MEM BER’ m eans a mem ber of the Council who shall be a recognised Veterinary pract itio ner regis tered under this Act ;
(e) ‘PRES CRIBE D’ means prescribed by Rules and Reg ulat ions made under this Act ;
(f) ‘PRESIDE NT ’ means the Pre ident of the Council ;
(g) ‘REG ISTE R’ means the Regis ter of Vete rinary Prac ti tione rs ma intain ed under this Act ;
(h) ‘REGISTERE D VE TE RINA RY PR AC TI TI ON ER ’ means a Ve ter inary pra cti tioner who holds a recognised Veteri nary qual ifica tion and is for the time being duly registered;
(i) ‘RE CO GN ISE D VETER INA RY QU AL IFIC AT IO N’ means any of the Veter ina ry degrees or dip lom as or cert ificates inc 'uded in ‘he Schedule ;
THE ASSAM CAZETTE.'EXTRAORDINARY, JUN E 10, 1980 115 Establi sh ment of a Council .
Constitution of the Coun cil and elec tion of Pre sident and Vice-Presi dent.
Pro vide d th at the degree* or diplomas or certific ates gra nte d by the Gov ern me nt or any oth er au tho rity of any Sta te in In dia outsid e Assa m shall no t be deem ed to be recognised Ve ter ina ry qua lific atio ns for the purp oses of this Act unle ss, in pur sua nce of a scheme of reci proc ity for re cog nitio n of Vet erin ary qua lific a'io ns, the Gov ernm ent of such Sta te has, by not ifica tion , recognised for the purpose s of th at Sta te, the degrees or diplo mas or certific ates gra nte d by the Go ver nm ent and oth er aut horiti es of Assa m.
(j ) ‘RE GI ST RA R’ mean s the Reg istr ar app oin ted un de r this Act ;
(k) ‘REGI ST RA TI ON O FF IC ER ’ means the Re gis tra tio n Officer ap po int ed un der this A c t;
(lj ‘RUL ES AN D RE GU LA TION S’ means the Rule s and Reg ulat ions ma de un der this Act ;
(m ) ‘SCH ED UL E’ mean s the sche dule app end ed to this A c t;
(n) ‘STATE GO VE RN ME NT ’ means the Gov ern men t of Assam ;
(o) ‘VET ER INA RY CO LL EG E’ means the Assam Vete rin ary Col lege /Co lkge o‘ Vet erin ary Science, Assam Agricu ltur al Uni ver sity .
PA RT n ASS AM VE TE RIN AR Y CO UN CI L : EST AB LIS HM EN T CO NS TI TU TI ON ME ETING S AN D PR OC EE DIN GS .
3. (i) The State Go ver nm ent shal l, as soon as it may be possible afte r the pre parat ion of the first Reg ister , by not ifica tion in the Offic ial Ga ze tte , esta blis h a Cou ncil to be called the Assam Ve ter i nar y Cou ncil , and such Cou nci l shal l be a body co rpor ate havi ng pe rpe tua l succession an d com mon seal an d sha ll, by the said nam e, sue an d be sued;
(ii) Th e Cou ncil sha ll also act as an advis ory bod y to the St ate Go ver nm ent in all polic y m att er s con cern ing the Vet erin ary profess ion, Veteri nar y edu cat ion and deve lopm ent of Anim al Hu sba ndr y in the Sta te.
4 . (i) The Coun cil sha ll consist of t he followi ng me mb ers , namel y :—
(a) Th e Direc tor , Ex-Officio mem ber ;
(b ) The De an/ Pri nci pal of Ve ter ina ry Colleg e, Ex- Officio mem be r;
116 THE ASSAM GAZETTE. EXTRAORDINARY,JUNE It); 19£0
(c) One repr esenta tive oth er than the Dean/Prin cipal of the Faculty of Animal Hu sbandry and Veter i na ry Science or Faculty , by wha teve r nam e called, which deals with Vet erin ary education in the Univers ity or Univ ersit ies in the Sta te of Assam ;
(d) Six members to be elected by the Veterinary prac titioners residing in the State of Assam and registered un de r this Act or, in the case of the first election, quali fied to be so regis tered ;
(el Two members to be nominated by the Sta te Gover n men t from among the regis tered vet erinary prac ti tioners, res idin g in the Sta te of Assam or, in the case of first nomination, quali fied to be so registered und er thi s Act.
(ii) The election of the members of the Council under this section shall be held at such time and at such plac e, and in such ma nner as may b e prescribed by rules ,
(iii) No twithstanding any thin g con tained in the fore going provisions of this Ac t, in respect of the fir st con stitutio n of the,C ou nc il, all the members the reo f oth er than the Ex-officio membei s shall be nom inated by the Sta te Governm ent.
(iv) The mem bers of the Council shal l elect a Pre si de nt and a Vice-President from among themselves:
Pro vided that on the first constitu tion of the Counc il aft er its establishment, the Pres ident and the Vice-P resident shall be app oin ted by the Sta te Government .
(v) The Pres iden t or the Vice-P resident shall be deemed to have vacated office as soon as the Council • holds its first mee ting aft er its reconstit ution, pr o vided that he shall also cease to hold office if he ceases to be a member of the Counc il before its reco nsti tutio n.
(vi) The app oin ted Pres iden t or the Vice-Pres ident may resign his office by writin g under his han d addre s sed to the S tate Government and shall be deemed to have vac ated the office on such resigna tion being acce ted by the State Government .
jri i) Th e elec ted Pre sident or the Vice-Pre sident ma resign his office by a not ice in writ ing addre ssed to the Council and shall be deemed to have vacated the office on such resig nation being accepted by the Counci l at a meeting.
TH E ASSAM GAZET TE, EX TR AO RD INAR Y, JU NE 20. WO 11Z
(viii) Any casual vac ancy in the office of the Preside nt or the Vice-P resident caused by death , resignation , removal or othe rwise shall be filled by ap po in t men t or elec tion , as the case may be and (he perso n so app oin ted or elected shall hold office for the une xpired period of the term of office of the President or the Vice-President whose place he fills.
5. In the event of the requisite num ber of the m< mb ers or no min at ed as a mem be r.
N om inat ion ?n d e ra u h 'o f b O t b e l n g e l e c t e d un de r any of the clauses (c) and (d) of ele cti on . Section 4 or, if any of the electo ral bodies refe rred to in clauses (c) an.l (d) of Section 4 does not, by such da te as may be pre scr ibed elect a person to be a member of the Council, the Sta te Go ver nm ent shall fill up the vacancy or vacancies by nom ina ting the req uir ed numb er of registered veterinar y prac titioners , and any person so nom ina ted shall be deemed to be a mem ber as if he had been duly elected by such body.
Disq ua li- 6. A person sha ll be disqualified for being elec ted or fic ation fo r nomin ated as a me mb er of the Council, if he— be ing e lec ted
(a) is no t registered under this Ac t ; or
(b) has been convicted and sentenced by any court for any non-b ailabl e offence, such sentence not having been subsequ ently reve rsed or quashed ; or
(c) is an und ischar ged inso lven t; or
(d) is of uns ound min d adjudged and cer tified by a com pet ent c o u rt :
Pro vided th at the State Governmen t may condone the disqualifi cation referr ed to in clause (b) if the sentence has been fully undergone an d a per iod of two years has elapsed since the termination of such sentence.
Pu bl ic at io n 7. Th e nam e of eve ry person elected or nom inated under of na mes Section 4 or 5 shall be published by the Sta te Government of members. jn t jje o fgc ;a i Gazette .
Le ave of 8. Th e Council may perm it a mem ber to absent himsb se nc e to s e lf from the meetings of the Council for a per iod not mem be rs , exceeding six months. _ Ceasation 9. (1) A member of the Council shall be deemed to °f have vac ated his seat , who— em be rship.
(a) fails to accept office with in one mo nth of the da te of his nomination or election ; or
(b) is absen t witho ut excuse sufficient in the opin ion of the Gounc il, from three consecutive meet ings of the Council : or
(c) is absent, out of India for a per iod exceeding six consecutive mon ths; or 118 THE ASSAM GAZETTE, EXTRAORDINARY, JUN E 10, 1980
(d) becomes disqualified for election or nom ination as a member for any of the reasons ment ioned in Section 6.
(2) On the occ urre nce of a vacancy referred to in sub section (I) , the President shall forthwi th repo rt the fact of such vacancy to the Sta te Gov ernmen t.
(3) The State Government may on the rec om me ndation of the Council suppor ted by atle ast two-third of the total num bers of its members, remove from office any me mb er elected or nominated un de r this Act, if such mem ber has been found guil ty of misconduc t in the discharge of his duties, or of any disgraceful conduct, or has becom e inc a pable of per formin g his duties as a member :
Provided that no resolutio n recommending the rem ova l of any mem ber shall be passed by the Cou nci l, unless the mem ber to whom it rela tes has been given a rea sonable opportu nity of showing cause as to why such recommenda tion shou ld no t be made .
Fil ling of 10. If a member of the Counc il dies or resigns his Casual mem bership, or ceases to be a member as provided in subva ca nc ics. s c c t jo n (j) o f Sect ion 9, the vacancy shal l be filled wi thin three mon ths by a fresh elect ion or nom ination as the case may be.
Ter m of 11- (1) The term of office of the first mem ber elected office of o r nom inated under Section 4 or 5 shal l commence from mem «rs. ^a te a s m ay be app oin ted by the Sta te Government .
(2) The term of office of a mem ber of the Council sha ll be three years from the date of his acceptance of office.
(3) Wh en a mem ber is elec ted or nom inated in a seat vacated under sub-sec tion (1) of Section 9 and, or under Section 10, the term of office of such me mb er shal l be unex pired term of office o f the mem ber in whose place he is nominated or elected.
(4) Any member shall , if not disqualif ied for any rea sons mentio ned under Sect ion 6, be eligible for re-e lect ion or re-nominat ion at the end of the term of office.
• Regulation 12. (1) (a) No business sha ll be transa cted at a mee ting as to meet- o f co un ci l unless a quor um o f k£ve members be ing, quorum .
and voting, present.
TH E AS SA M GA ZE TT E, EX TR AO RD INAR Y. JU N E 10, 1980 119
(b) Wh en a quorum is not formed in a meeting, the Pres iden t shall, afte r wai ting for not less th an tw enty minutes for such quorum, adjou rn the meet ing to such ho ur on the same day or to a futu re day as he may notify on the notice bo ard at the office of the Council, and the business which would have been bro ught before the orig ina l mee ting had the re been a quoru m, shall be brough t before the adjou rne d meeting , and may be disposed of at such mee ting or at any subs equent ad jou rnm ent meet ing, whether the re be a quorum pre sen t or not.
(2) The Pres iden t shall preside over all the meetings of the Council. Tn absence of the Pres iden t, the Vice-Pres ident shall preside over the meet ing. In absence of both the Pre sident and the Vice-President, some othe r m ember to be chosen from, amongs t the members will preside over the meet ing.
(3) Save as other-wise provide d in clause (b) of sub section (1) of Section 25, all ques tions arising at a meeting shal l be decided by the votes of the majority of the members present and voting , or, in the case of an equality of votes by the casting vote of the Preside nt of the meet ing.
(4) No act or proceeding of the Council shal l be deem ed to be invalid merely by reason of a vacancy in the Counc il or of a defect in the elect ion or nom ina tion of a person act ing as a member of the Counc il,
(5) Subject to the provisions of this . Act an d of any rule s mad e the reu nder by the Sta te Gov ernment, the Cou n cil may make regu lations in resp ect of—
(a) the time and place at which such meeting shall be he ld ;
(b) the issue of notices convening such meetings ; and
(c) the con duct of business therea t.
(6) Un til such time as the regula tions refe rred to in sub-section (5) hav e come into ope rat ion , it shall be lawful for the Preside nt to summon , by let ter addressed to each member, a meeting of the Council at such time and place as to him shall seem expedient.
7. (a) The proceedings of the discussion of every mee ting of the Council shall be trea ted as confidential and no person shall , with out the previous permission of the Council , disclose any por tion th er eo f:
Prov ided that nothing in this Section shall be deem ed to proh ibi t any person from disclosing or publishing the text of any resolutio n ado pted by the Council, unless the Coun cil directs such resolution also to be tre ate d as con fidentia l.
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(b) No disqualification of, or defect in the election, nominat ion or appo intment of, any person as member or as a presiding au tho rity of a meet ing, shal l of itse lf be deemed to vitiate any act or proceed ing of the Counc il, in which such person has take n pa rt, or during any vac ancy in the Cou nci l, ‘the con tinuing mem bers may act , as if no vacancy ha d occu rred , unless the num ber o f , vacancies exceeds two in number.
Pay m en t of 13- There shall be paid paymen t to the m embers of the exp enses Council, the expenses as may from um e to time be prescribed to mem be rs , by reg ula tion unde r clause (a) of sub-section (4) of Sec tion 34.
App ointmen t 14 . (1) Wi th the previous sanction of the Sta te Gove rn- Of R eg is trar m e n t t p e Cou nci l— an d ot he r offic ials.
(a) sha ll appo int a R eg is tr ar ;
(b) may gran t leave to such Re gis tra r and appoint a person to act in his place ; and
(c) shall pay to the Re gistr ar and to the person if any app oin ted to act in his place such sal ary an d such allowances as the Counc il may determ ine from time to time.
(2) The Council may appoint such oth er officers and such minis teria l and class—I V staff as it may co n sider necessary7 for the purposes of this Act, and sha ll pay them Such sala ry and allowances if any as the Council may dete rmine.
(3) The Reg istra r or the persons app oin ted to ac t in his plac e shall act as Secre tary of the Council.
(4) Every person app oin ted under sub-sections (1) and (2) shal l be deemed to be a publ ic servan t within the meaning of Section 21 of the Indian Penal Code .
Punishment 15. (1) The Council may punish or dismiss a , person an d dismissalappointed under sub-sec tions (1) and (2) of Section 14, afte r o f of ficia l of be has been given a reasonable opportunity of showing the Council. c a u s e a ga in s t the action proposed to be tak en in regard to him :
Provided th a t previous san ction of the Sta te Government shall be necessary in the case of a person app oin ted und er sub-section (1) of Section 14 ;
TH E AS SA M GA ZE TT E, EX TR AO RD IN AR Y JU NE 10, 1980 121
Provided furth er tha t a person appointed un de r sub section (2) of Section 14, shal l have a right of appeal to the State Gov ernment aga inst an ord er under this Sect ion within one month from the date of the com municatio n of the or de r to him.
(2) The power to punish conferred by sub-section (1) shall be deem ed to include the pow er to suspend an officer.
(3) The powe r to dismiss conferred by sub-section (1) sha ll be deem ed to include the power to suspend any per son aga inst whom the power of dismissal might be exerc ised, pending inq uiry into his conduct.
THE REGISTER OF VET ERINAR Y PRA CTITIONER S Ord er , by 16 . (1) The Council shall, as soon as conven ient , aft er f^ r r abate' t l̂ e c o m m e n c e n l e n t this Act and from time to time as nance^of6 occasio n may req uir e, make orde rs for regula ting the egister. ma inte nan ce of the regis ter of Veterinary prac titioners .
(2) The said register shall be kept in such form as may be prescribed.
R eg is tr ar ’s 17. (1) The Re gis tra r shall ma intain the register of Vetefunc tio ns in rinary Pract itio ners in such form and i i uch ma nner as may re sp ec t of u,e prescribed and shall make from time to time such ent ries, re gi ster . corrections, alte rna tion s or modifications in the entries there - in as may be necessary or as may be dire cted by the Council .
(2) To enable the Reg istr ar to fulfil the duties imposed upon him by sub-section G)> he m a y s e n d thr ou gh the pos t a letter to any regis tered pra ctit ioners , addressed to him accor ding to his registe red address or app oin tment , to enquire whether he has ceased to prac tise or whe ther his residence or app oin tment has been changed ; and if no answ er to any such let ter is rece ived within a perio d of six months from its des pa tch , the Re gis tra r may erase the name of such registered veterinar y practi tioner s from the re gi st er :
Provided th at any nam e erased under this sub-section may be re-entered in the register und er the dir ection of the counc il.
Pe rson s en - 18 . (i) Any person holding any o f the qual ifica tions re tit led to be f c r r e d t o i n t h e s c ji e d u ie o r fo r the time being regis tered under reg iste red . a n y A c t f o r t h e r c g i s t r a t i o n o f Vete rinary pra ctit ioners in force in any other State in Ind ia, if rec iprocity of regi stra tion has been arranged with the author ity adm inis tering such Act, shall, subject to the provisions hereinafte r con tain ed and on paymen t of such fees as may be fixed in this behal f by regu latio ns made und^r clause (b) of sub-sect ion (4) of S ection 34, be entit led to have his name entered in the registe r of Veter inary Prac titioners :
• r Veter i nary College, 122 TH E AS SA M GA ZE TT E, EX TR AO RD INAR Y, J UNE 10, 198p Pro vided th at the Regis tra r shall refer to the Cou nci l an app lica tion for ent ry in the reg iste r from a person in respec t of whom he considers that the Counc il may wish to proceed under sub-section (1) of Section 25 :
Prov ided also th at the Regis trar , if so directed by the Council , shall refuse to register the nam e of any person no twithsta nding the fact that he is in possession of Veteri na ry degree or diploma recognised and included in the Schedule of this Act.
(ii) if it app ear s to the Sta te Government on the rep ort of the Council or otherwise th at the courses of study and examinations prescribed by any Univers ity, Body or Insti tut ion conferring any degree, diploma, certif icate or any othe r like award no t entered in the Schedule , are such as to secure the possession by its receipient of the requis ite knowledge and skill for the efficient prac tice of vet erinary science, the Sta le Go ve rame nt may from time to tim e, by not ificatio n in the ‘Official Ga ze tte ’ amend the Schedule and include the rein such degree, dip lom a, certif icate or, as the case may be, awa rd, subject to any condit ions th at may be specified there of and the Council may the reu pon reco mmend to the State Governme nt to amend the Schedule accor dingly.
P«w«r of 19. The Counc il shal l have power to call on the govern- S u o r' i Vor ’n 8 body or authoriti es of any Veteri nary Faculty /Ag ricu ltur e mation from 'Uaiversity , inclu ded in or desirous of being inclu ded in the University Schedule ;
(a) to furnish such rep or ts, return s or other info rmatio n as the Council may requ ire to enable it to jud ge the efficiency of the inst ruct ion given therein ; a nd
(b) to provide facilit ies to enable a member of th e Co uncil depu ted by the Counci l in this behalf to be prese nt at the examin atio n held by such Univers ity/C ollege.
o e Informat ion required of • t r applicant fo; U registrat ion renewal fee etc.
20. (i) Every person who applies to have his name entered, ae regis ter of Veterinary Pra cti tioner s—
(a) must satisfy the Regis tra r th at he is in possession o f the recognised Veterinary quali ficat ions referred to in the Schedule as alt ere d by not ification, if any, i ssue d unde r Section 18 (ii) ;
(b) mus t inf orm the Regis trar of the dates on which he obtain ed the title or q ual ifications which ent itle d him to claim reg istra tion un de r this Act ; and TH E AS SA M GA ZE TT E, EXT RA ORD IN AR Y, JU N E 10, 1980 123
(c) give the Re gis tra r any inform atio n which he reason ab ly may requ ire fo r the purpose of discharging his duties under this Act.
(ii) (a) The Council may, on being satisfied that a p erson app lyin g for regi stra tion possesses a recognised Veterinary quali ficat ion and has paid the prescribed fee, allow the app lica tion and direct the Regis tra r to ent er his nam e in the reg iste r and such entry shall , unless cance lled earlie r, be borne in the reg iste r for one yea r ;
(b) The Re gistr ar shall, on regi stra tion of a perso n’s name , give him a cert ifica te of regi stra tion under his hand a&d seal.
(iii) (a) A Veterinary Pract itio ner whose name is e nte red in the register shal l be ent itle d to have his nam e reta ined in the reg iste r on pay ment of such annual renewal fee and within such tim e as may he prescr ibed ;
(b) If the renewal fee is not pa id within the time pres crib ed, the Re gistr ar shall strike off the nam e of the def aul ter from the regis ter :
Provided that any nam e so stru ck off from th# regis ter ma y, subje ct to such condi tions as the Counc il may by reg<- lation provide, be re-ent er in the reg iste r on paymen t of the renewal fee an d nom inal fine not exceeding Rupees fifty.
(iv) (a) A vete rina ry pra ctit ioner whose name is struck off from the regis ter unde r sub-section (iii) (b) of Section 20 shall forthwi th surrender his certif icate of reg ist rat ion to the Re gis tra r and the nam e so stru ck off shall be pub lished in the official gaze tte ;
(b) If any such nam e is afterw ards re- en ter ed in the registe r in accordance with the prov ision of this Act, the fact of such re-entry shal l be pub lished in the official gazette and the certi ficate of reg istr atio n shall be return ed to the veterin ary prac tit ione r concerned.
E ntr y of 21. If a person whose nam e is ent ere d in the reg iste r o f N* w tit le s veterin ary practit ione rs obtains any title or qualification other than the tit le or qual ifica tion in respect of which he has bee* roist er! regis tered, he shall on payment of such fees as may be pres crib ed in this behalf by reg ula tion ma de under clause (b) of sub-section (4) of Sect ion 34, be ent itled to have an entry stat ing such oth er titl e or qualif ica tion mad e again st his nam e in the regis ter, eith er in sub stitutio n for, or in add itio n to, any ent ry previously made.
124 TH E AS SA M GA ZE TT E, EX TR AO RD INAR Y, JUNE 10, 1980 Fin an-i a l 22 (1) The Counci l shall, for the adm inistra tion of its at te rs . purposes, realise reg ist rat ion fees for renew al of reg ist rat ion , app lication fees and such other fees and fines as may be decid ed by the Council , prov ided that the ra te of which fees shall be cha rged or any vari ance the reo f shall be given effect to with the pr ior approva l of the Governm ent. Gov e rnmen t may also issue any dire ction to the counc il in this reg ard .
(2) It shall be com petent for the Council to inc ur exp end itur e for the following purposes nam ely—
(a) salaries and allowances cf the Re gis tra r and staff ma intain ed by the Council ;
(b) fees and allowances paid to the m embers of the Cou nci l;
(c) such oth er expenses as are nece ssary for performing its duties and funct ions under this Act.
(3) The Council sha ll ma intain in such form as may be pre scr ibed prop er acco unts which shall be audit ed annually by an au di to r app oin ted in this behalf by the State Gov ern ment.
14) A copy of every aud it t epo rt shell be furn ished by the Council to the Sta te Gover nment and to the Accountant Ge neral , Assam, within one mo nth from the date of which the aud it repo rt is rece ived by the Council .
(5) The dr af t budget before it is placed before the Counci l shall be sub mit ted to the Sta te Gover nment and the views o f the Government may be recorded at the time this is sub mi tted before the Council fo r con sidera tion .
(6) The Sta te Gov ernment may mak e such ann ual grants , as it may conside r necessary to the Council for the pro per discha rge of the funct ions o f the Council under this Act.
(7) All moneys received by the Counc il as fees and grants under thi s Ac t or oth erw ise shal l be credited into a fu nd to be called “ the Assam Veterinary. Counci l Fu nd ” which shal l be under the manag ement and cont rol of the Council an d shal l be held and a ppl ied by the C ounc il for the purp ose of this Ac t in such manner as may be prescr ibed.
(8) All moneys c red ited to the “Assam Ve ter inary Council Fund” shall for thw ith be depos ited into the State Bank of In di a or in any Nat ionalis ed Bank to the cre dit of an acc ount to be calle d “ the Assam Veter ina ry Counci l Fund Account” .
iH B ASSAM GAZETTE, EX TR AO RD INAR Y. JU NE 10, 1980 125 St ra r.
Eraser of fraudu lent & incorrect entries.
Co un ci l tO a Pe r s o n ’s dissatisfied with a decision of the from decis i- R e gis ? a r refu sing to ent er the name or any title or qua lion of Rc gi - fication of such person in the registe r of Ve tei ina ry Prac ti tioners he may, at any time with in three mon ths from the da te of such decis ion, appeal to the Council whose decision shal l be final.
24’ Any entry in the register of Vete rinary Pra ctit ioners which is proved to the satisfac tion of the Council to have been frau dulent ly or inco rrectly made may be era sed un de r an orde r in writin g of the Council, afte r notice has been given to the person concerned and his objec tions (if any) have been considered.
Power of Council to Prohibit entry in or 25 (1) The Council may upon reference to the register or oth erw ise prohibi t the entry in, or ord er the rem oval from, the Regis ter, the nam e of any Vet erin ary Pra cti tioner :— t® d irect re moval from t he register c t c. (a) who has been sentenced by a crim inal cou rt or a co ur t ma rtial to imprisonment for an offence ind i cating in the opinion of the Council such defec t in chara cte r as wou ld ren der the ent ry or con tinu ance of his nam e in the regis ter undesirab le ; or
(b) whom the council afte r e nqu iry (at which an op po rtu nit y has been given to him to be hea rd in his defence and to appear either in person or by counc il, vaki l, plea der or attorn ey, and which may at the discretion of the Council be held in camera) has found guilty by a majorit y of two thirds of the mem bers present and votin g at the meet ing of infamous con duc t in any profe ssional respect .
(2) No thi ng in sub-section (1) shall be deemed to jus tify the exclusion or removal from the reg iste r of the nam e of any Ve ter ina ry Practit ioner on the gro und of his adoption of a theory of veterin ary medic ine or surgery no t in acc ord ance with the accepted view for the time being or of his association with an un-reg iste red prac tit ione r, so long as the un-registered pra ct it io ner : —
(a) is in possession of a Recognised Veterinary qua li fica tion ;
(b) is not a person whose nam e the Council has reasen to believe has been excluded or removed from the register by the Council under sub-section (1) or would be so excluded if app lica tion for reg ist rat ion the reo f were made .
126 THE ASSAM GAZETTE. EXTRAORDINARY’, JUNE 10, 1980
(3) The Council may dire ct th at the nam e of any perso n aga inst whom an ord er has been ma de unde r sub-section (1) shall be ente red or re- enter ed as the case ma y be.
Appeal to 26. (1) An appe al shall lie to the Sta te Government State Gove- fr o m every decis ion of the Council under Section 23 or 25. rnment from decision of
(2) Every app eal under sub-section (1) shall be pre fer red within three months from the da te of such decis ion.
Council.
Bar to suits and other legal pro ceedings.
Notice of deaths and eraser of names from registe r.
27. No suit or oth er legal proce edings shal l lie in respect of any act done in good fai th in the exercise of power conferred by this Act on the State Governm ent *r the Counc il or any of its mem bers or office-bearers.
28. (1) Every Regis trar of deaths who receives not ice of the de ath of a person whose nam e he knows to be entered in the reg iste r of Ve ter ina ry Pra ctit ion ers shall forthwi th tra ns mit by post to the Regis trar of the Council a cert ificate of such death signed by him and stat ing pa rticular s of the time an d place of death .
(2) On rece ipt of such certi ficate, or other reliable info rmatio n regard ing death , the Reg istr ar sha ll erase the name of the deceased person from the regis ter.
(3) Every person regis tered under the Act shall be exem pte d, if he so desires , from serving on any inques t.
Pena lty on 29. If a person whose nam e is no t en ter ed in the unregistered reg iste r of Veterinary Pra ctit ioners false ly pre ten ds th at it person r t cPr®‘is so entered or uses in conn ectio n wi th his nam e or titl e he" is r̂egis- any words or let ter represent ing that his nam e is so enter ed, tered. he shal l, whether any person is actu ally deceived by such rep res entat ion or no t, be pun isha ble , on conv iction by a M ag ist ra te of the first class, wi th fine which may extend to three hundred rupe es.
30. (i) No court othe r tha n the cou rt of a Magist rat e of the first class shall tak e cognizan ce of or try an offence un de r this Act.
(ii) Fo r the p urpose of any inquiry he ld under Section 25, or of any app eal u nde r Section 23, the Coun cil shall be deemed to be a Co ur t within the mea ning of the India n Evidence Ac t, 1872, and shall exercises the pow ers of a Commissioner app oin ted unde r the Public Serva nts ’ (In qu iries) Act , 1850, and every such inquiry an d appea l shall be cond ucted, as far as may be in accor dance with the provisions of Section 5 and Sec tion s O Court com petent to try of offence under this Act.
TH E AS SA M GA ZE TT E, EX TR AO RD INARY , JU NE 10, 1980 227 8 to 10 of the said Pub lic Serva nts ’ (Inquiries) Act , 1850 an d shall have the powers of a Civi l Co urt while disposing of suits unde r the Code of Civil Procedure , 1908, in respec t of the following mat ters '—
(a) summ oning and enforcing the atte ndanc e of any person and exam ining him on oa th,
(b) req uir ing the d iscovery and productio n of d ocumen ts, and
(c) rece iving evidence on affidavits.
Reserva tion 3 1 • No person oth er tha n a Reg istered Veterinary Pra cof ce rta in tit ione r shall be com petent to hold an appointment as app oin tme nts Ve ter ina ry Physician Surgeon or other Ve ter ina ry Officer in Practh'ioners a n ^ G o v ern m en t inst itut ion and hospita l/di spensa ry which is r ‘ suppor ted pat dail y or wholly by publ ic funds, or in any public or pr iva te establis hment , body or ins titu tion or under a local au tho iity unless he is regi stered un de r this Act.
^ractihoners No c e r t ’ficate required by any Act from any e tr ti tcates Veterinary Pract itio ner or Ve ter inary Officer shall be valid unless etc. th e person signing the certificate shal l have been registered un de r this Act.
(2) No prescrip tion by a Vet erin ary Pra ctit ioner or Veteri nary Officer shal l be disposed of by chemists unless the person pre scr ibin g the prescr ipt ion shall have been regis tered under this Act.
(3) No person shall be quali fied to give evidence as an expert und er Section 45 of the India n Evidence Act, 1872 on any matt er relating to Vete rinary Science, unless the said person shal l have been registered un de r this Ac t.
ANN UAL VETERINAR Y LIST Publication 33. (1) The Regis tra r shall once in every thre e years , on of & presum-o r before a da te to be fixed in this behal f by the Council, entrTesta10 c a u s e t o be printe d and pub lished a cor rec t list of the An nual Vete-n a m e s the time being ente red in the reg iste r of Veteririn ary list , nary Practit ioners setting for th
(a) All names ente red in the register arr anged in alp ha beti cal ord er accord ing to the surnam es ;
(b) The registered address or appointment of each pe r son whose name is entered in the regi st er ; and
(c) The regis tered titles and qualific ation of each such person and the date on which each such title was granted or each such qua lific ation was certif ied.
128 THE ASSAM GAZETTE. EXTRAORDINARY, JUNE 10, 1980 (2 ) The Re gis tra r shal l also cause to be pri nte d and p ub lished an annual supplement in Janu ary every yea r showing the rein the corr ect ions made npto the 31st Decem ber pr o ceeding, in the list of names in the reg iste r of Ve ter ina ry Pract itio ners las t published.
(3) Every court shall presume that a person whose nam e is entered in the latest of such lists is duly registered under this Act , and that person whose nam e is no t so entered is not registered unde r this Act :
Pro vided that , in the case of any person whose name does not appear in such list, a certi fied copy signed by the Re gis tra r of the ent ry of the nam e of such per son in the register of Ve ter ina ry Pra cti tioner s shall be evidence th at such person is reg iste red under the Act.
RULES AN D RE GU LA TION S Rules and 34.(1) The State Go vernm ent may, aft er prev ious pub - egu a ions ij c a ^ o n fr o m time to time , mak e rules to carry out the purposes of this Act.
•
(2) In pa rti cu lar , and withou t pre jud ice to the gene ra lity of the foregoin g power, such rule s may prov ide :■—
(a) to reg ula te elec tions un de r this Ac t ;
(b) to prescr ibe the form of the reg iste r of Veterinary Pra cti tioner s to be ma intain ed unde r this A c t;
(c) to reg ula te the app lication of fees ;
(d) to reg ula te the procedure to be followed by the Council fo r:—
(i) conducting any inquiry under Section 25 ; and
(ii) disposing of appe als from the decision of the Regis tr ar pre ferred unde r Section 23.
X
(3) “Every ru le ma de under this sect ion shal l be laid as soon as may be af ter it is made, before the Assam Legislative Assembly while it is in session for a total per iod of fourteen days which may be comprised in one session or in two successive sessions, and if, before the exp iry of the session in which it is so laid or the session imm ediately following, the Assam Legislative Assembly agree in making any mod ifica tion in the rule or the Assam Legislat ive Assem bly agre e th at the rule sho uld not be made the rule shall the rea fter hav e 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 witho ut prejudice to the validity of any thin g previously done un de r th at rule’*.
THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 10, 1980 129
(4) In ad dit ion to the power confe rre d by Section 12, the Council may, with he previous sanc tion of the Sta te Governm ent make regu lations : —
(a) to prescribe the expenses payable to members of the Council, such as fees ior attendances at meetings of the Council and reas enable trav ellin g expenses as m ay fro m time to time be allowed by the Council ;
Po we r of St al e Go ve rnmen t to give di recdo ns to the Cou nc il.
Co ntrol of Counc il by the State Govt.
(b) to presc ribe the fees chargeable in respect of any registi ation under this Act ;
(c) to regula te the keeping of accounts ; and
(d) to prescribe condition of service of persons appoin ted under Section 14.
(5) All such rules and regu latio ns shall be published in the Official G azet te.
35. Th e Sta te Governm ent may give to the Council such direc tions as may be necessary for carrying out the purposes o f the Act and it shall be the duty of the Council to comp ly with such directions.
36(1) If at any time it appears to the Sta te Governm ent th at the Counc il has failed to exercise or has exceeded or ab u sed any of the powers conferred upo n it by or under this Act , or has failed to perform a duty imposed upo n it by this Act, th e Sta te Governmen t may, if it considers such failure, excess or abuse 40 be of a serious charac ter, notify the par ticu lars the reo f to Counc il, and if the Council fails to remedy such fai lure, excess or abuse within such time as may be fixed by the Sta te Governmen t in this behal f, the Sta te Governmen t m ay dissolve the Counc il and cause all or any of the powers and duties of the Council to be exercised and performed by such agency and for such per iod as it may thin k fit :
Provided that it shall take steps, as soon as it may be convenien t, to constitute a new Council of members provided in Section 4.
(2) Notwi thst and ing any thin g c ntained in this Act , or in the Rules or the regulations, if at any time, it appears to the Sta te Governm ent that the Counc il or any other autho ri ty empowered to exercise any of the powers or to perform any of the duties or funct ions under this Act, has not been valid ly cons tituted or appointed, the Sta te Governm ent may cause any of such powers or funct ions to be exercised or pe r formed by such agency in such manlie r and for such period not exceeding six months and subject to such conditions as it thinks fit.
1 30 THE ASSAM GAZETTE, EXTRAORDINARY, JUN E 10, 1980 Sch ed ul e P art I R e c o g n is e d . V et er in ar y Q ual if ic ation R ec ogn is ed V et er in ary D eg re e an d D ip lo m as gr an te d by in st it u ti on in In dia [Rule 2 (i)] • I nstitution DEGREE qualification Abbreviation for Registration
1. Assam Agr icul tura l Uni versity .
Bachelor of Ve ter ina ry Science & Animal Husba ndry.
B. V. Sc. & A.H-
2. Agra Univers ity Do Do
3. An dh ra University Do Do
4. Biha r University Do Do
5. Bombay Univers ity Bachelo r of Science (Vety .) B. Sc. (Vety )
6. Ca lcut ta Univers ity Bache lor of Ve ter inary Science B. V. Sc.
7. Ga uh at i Univers ity Bachelor o f Vet erin ary Science & Animal Hu sba ndry.
B. V. Sc. & A .H.
8. Ke ral a Univ ersity Bachelor of V ete rinary Science B. V . Sc.
9. Madras Univers ity Do Do
10. Osm ania Univers ity Do Do
11. Pun jab Univers ity Bachelo r of Vet erin ary Science & A nim al Hu sbandry , B. V. Sc. & A.H .
12. Ra jas tha n Univers ity Do Do
13. Sagar Uni vers ity Bachelo r o f V ete rinary Science B, V. Sc.
14. Ut ka l University Bachelo r of Veterinary Science & A nim al Husba ndry.
B. V. Sc. & A H ,
15. Vikram University Dip lo m a Do Do
16. Assam Veterinary College.
Gr ad ua te in Ve ter inary Science.
G. V. Sc.
17. Benga l V ete rin ary College.
(i) Gr ad ua te of Bengal Ve ter ina ry College.
(ii) Gr adua te in Ve terin ajy Science.
G. B. V. C.
G. V. Sc.
18. Bih ar Ve teiinary College.
Gradu ate of Bih ar Ve ter ina ry College.
G. B. V. C.
___ THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 10, 1980 13*
PART II RECOGNISED VETERINARY QUALIFICATIONS GRANTED BY INSTITUTIONS OUTSIDE INDIA
1. The Royal Veterinary College, the United Member of Royal College of Veterinary Surgeons.
M. R. C. V. S.
Kingdom.
2. The University of (i) Bachelor of Veterinary B. V. M. S.
Edinburge Medicine and Surgery
(ii) Bachelor of Science B. Sc.
3. The London University (i) Do Do
(ii) Bachelor of Veterinary B. Vety. Med.
Medicines.
4 The Liverpool Bachelor of Veterinary B. V. Sc.
University. Science.
5. The University of Bachelor of Veterinary B. V. M S, Glasgo. Medicine and Surgery.
* I U. TAHBILDAR, Secy, to the Govt, of Assam, Leg isla tive Deptt.
G A U H A T IP ri n te d an d published by the Supdt . i/c „ Assam Govt. Printing Press (Ex-Gazf tte) e.63—8864-500—10-6-1980.