LexThe Assam Veterinary Council Act, 1979
Assam · state statute
Open in Lexace · Ask the AI about this actEXTRA ORDINARY SK3-=5Thn 0P H SR H & 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 J u 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 GOV ERN OR LEGISLA TIVE DEPARTMEN T NO TIFICA TION ; - The 9th Ju ne 1980 No .LGL 121/77/119. The following Act of the Assam Le gis lative Vse mbiy whi ch 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 , 19 80 ASSAM ACT I OF 1980 (R eceiv ed th e as se nt o f the Pr es id en t of In dia on 7th May 1980) THE ASSA M VETERINARY COU NCIL ACT, 1979 An Act to pr ov id e for the re gi st ra tion of Vet er in ar y Pra ct iti on er s in Assam and fo r certa in othe r m at te rs conn ected ther ew ith . Preamble. It is hereby enacted in the Th irtiet h Yea r of the Rep ublic 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 exten ds to the whole of the Sta te of Assam. (c) It shall come into force on such date as the State Gov ern ment may by notification in the Official Ga zet te, app oint. Definitions. 2. In this Act, unless the re is any thin g rep ugnant in the subject or conte xt,— (a) ‘COU NC IL ’ means the Assam V ete rinary Cou ncil es tablish ed under this Act ; (b) ‘DIRE CT OR’ means the Director of Animal Hu s band ry an d Veteri nary, Gover nment of Assam ; (c) ‘HOSPITAL ’ means an ins titu tion in the State of Assam where animals shall be tre ate d by method s app rov ed by the Cou ncil ; (d) ‘MEM BER’ m eans a mem ber of the Council who shall be a recognised Veteri nary pract itio ner registered under this Act ; (e) ‘PRES CR IBE D’ means prescribe d by Rules and Reg ulations made und er this Act ; (f) ‘PRESIDE NT ’ means the Pre ident of the Council ; (g) ‘REG ISTE R’ mea ns the Register of Vete rinary Pr acti tioners ma intain ed under this Act ; (h) ‘REG ISTERE D VE TE RINA RY PR AC TI TI ON ER ’ means a Ve terinary pra ctitioner who holds a recognised Veteri nary qualifica 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 Veterina ry degrees or dip lom as or certificates inc'ud ed in ‘he Schedule ; THE ASSAM CAZETTE.'EXTR AORDIN ARY, JUN E 10, 1980 115 Establish 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 diplo mas 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 ou tsid e Assa m shall no t be deem ed to be recogn ised Ve ter ina ry qua lific atio ns for the purp oses of this Act unle ss, in pur sua nce of a schem e 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 , recog nised for the pur pose s of th at Sta te, the degree s or diplo mas or certific ates gra nte d by the Go ver nm ent and oth er aut ho riti 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) ‘RE GI ST RA TI ON O FF IC ER ’ mea ns the Re gis tra tio n Officer ap po int ed un de r this A c t; (lj ‘RUL ES AN D RE GU LA TI ON S’ means the Rule s and Reg ulat ions ma de un de r 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 lkg e o‘ Vet erin ary Science, Assam Ag ricu 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 ET ING S AN D PR OC EE DIN GS . 3. (i) The St ate Go ver nm ent shal l, as soon as it may be possib le afte r the pre pa rat 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 rp or ate havi ng pe rpe tua l succes sion an d com mo n 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 pro fess ion, Ve teri 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 Di rec tor , Ex-Officio mem ber ; (b ) The De an/ Pri nci pal of Ve ter ina ry Colleg e, Ex- Officio m em be r; 11 6 THE ASSAM GAZETTE. EXTRAORDINA RY,JUNE It); 19 £0 (c) One repr esentative oth er than the Dean/Prin cipal of the Faculty of Animal Hu sbandry an d Veteri nary Science or Faculty, by wha teve r nam e called, which deals with Vet erin ary education in the University or Univ ersities in the Sta te of Assam ; (d) Six members to be elected by the Veterin ary prac titio ners residing in the State of Assam and registere d un de r this Act or, in the case of the first election, qualified to be so registered ; (el Two mem bers to be nominat ed by the Sta te Gover n men t from among the registered vet erinar y practi tioners, res idin g in the Sta te of Assam or, in the case of first nomination, qualified 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, an d in such ma nn er as may b e pres cribed by rules , (iii) No twithstanding any thin g con tain ed in the for e going provisio ns of this Ac t, in respect of the first 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 State Governm ent. (iv) The mem bers of the Council shall elect a Pre si de nt and a Vice-Pr esident from among the mselves: Pro vided that on the first constitu tion of the Counc il aft er its establishme nt, the Pres ident and the Vice-P reside nt shall be app ointed by the State Government. (v) The Presiden t or the Vice-P resident shall be deemed to have vac ated office as soon as the Council • holds its first mee ting aft er its reconstit ution, pr o vided th at he shall also cease to hold office if he ceases to be a member of the Council before its reco nstitutio n. (vi) The app oin ted Pres iden t or the Vice-President may resign his office by writin g under his han d addre s sed to the S tate Gover nm ent 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 elected Pre sid ent or the Vice- Pre sident ma resign his office by a notice in writing addre ssed to the Council an d shall be deem ed to have vac ated the office on such resig nation being accepted by the Cou ncil at a meeting. TH E ASSAM GAZET TE, EX TR AO RD INAR Y, JU NE 20. W O 11Z (viii) Any casual vac anc y in the office of the Preside nt or the Vice-P resident caused by death , resignation, removal or otherwis e shall be filled by ap po int men t or election, 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 m in at e d as a mem be r. N om in at io n ?n d e ra u h 'o fb 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 scribed 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 vet erinar 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 shall be disqualified for being elected or fic ation fo r nomin ated as a me mb er of the Council, if he— being e lec ted (a) is no t registere d under this Ac t ; or (b) has been convicted and senten ced 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 oun d min d adj udged and certified by a com pet ent c o u rt : Pro vid ed th at the State Governmen t may condon e the disqu alification referr ed to in clause (b) if the sentence has been fully undergo ne an d a period of two years has elapse d 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 und er of na mes Section 4 or 5 shall be published by the Sta te Gover nm ent of members. jn t jje o fgc ;a i Gazette. Le av e of 8. Th e Council may perm it a mem ber to absent him- sb se nc e to s elf 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 dee med to °f have vac ated his seat, who— em be rs hi p. (a) fails to accept office with in one mo nth of the date of his nominati on or election ; or (b) is absen t witho ut excuse sufficient in the opin ion of the Gounc il, from three consecutive meetings of the Cou ncil : or (c) is abse nt, out of India for a period exceeding six consecutive mon ths; or 118 THE ASSAM GAZETTE, EXTRAORDINARY, JUN E 10 , 19 80 (d) becomes disqualified for election or nom ination as a member for any of the reasons mentioned in Section 6. (2) On the occ urre nce of a vacancy referred to in sub section (I), the President shall fort hwi th repo rt the fact of such vacancy to the State Gov ernmen t. (3) The State Gover nment may on the rec om me ndation of the Council sup ported by atle ast two-third of the total num bers of its members, remove from office any me mb er elected or nominat ed un de r this Act, if such mem ber has been found guilty of misconduct 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 th at no resolutio n recommending the rem ova l of any mem ber shall be passe d by the Cou ncil, unless the mem ber to whom it rela tes has been given a rea sonable oppo rtu nit y of showing cause as to why such recommenda tion shou ld no t be made. Fil lin g of 10. If a member of the Counc il dies or resigns his Casual mem bership, or ceases to be a member as provide d in sub- va ca nc ics. s c c tjo n (j) o f Section 9, the vacancy shall be filled within three mon ths by a fresh election or nom ination as the case may be. Ter m of 11 - (1) The term of office of the first mem ber electe d office of o r nom inated under Sectio n 4 or 5 shall commence from me m «rs . ^a te a s m ay be app oin ted by the Sta te Gover nment. (2) The term of office of a mem ber of the Council shall be thr ee years from the date of his acceptance of office. (3) Wh en a mem ber is elected or nom inated in a seat vac ated und er sub-sec tion (1) of Section 9 and, or under Section 10, the term of office of such me mb er shall be unex pired ter m of office o f the mem ber in whose place he is nominat ed or electe d. (4) Any member shall, if not disqualif ied for any re a sons mentio ned under Section 6, be eligible for re-election or re-nominat ion at the end of the ter m of office.• Regulation 12. (1) (a) No busin ess shall be transa cte d 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 form ed in a meeting, the President shall, afte r wai ting for not less th an tw enty minutes for such quorum, adjou rn the meeting 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 inal mee ting had there 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 adjou rnm ent meeting, whether there be a quorum pre sen t or not. (2) The President shall preside over all the meetings of the Council. Tn absence of the President, the Vice-President shall preside over the meeting. In absence of both the Pre sident and the Vice-President, some othe r m em ber to be chosen from, amo ngst the members will preside over the meeting. (3) Save as other-wise provide d in clause (b) of sub sectio n (1) of Sectio n 25, all questions arising at a meeting shall be decided by the votes of the majority of the members present and voting, or, in the case of an equ ality of votes by the casting vote of the Preside nt of the meeting. (4) No act or procee ding of the Council shall be deem ed to be invalid merely by reaso n of a vacancy in the Counc il or of a defect in the election or nom ina tion of a pers on acting as a member of the Counc il, (5) Subject to the provisions of this . Act an d of any rule s mad e thereu nder by the Sta te Gov ern ment, the Cou n cil may make regu lati ons in resp ect of— (a) the time and place at which such meeting shall be h eld ; (b) the issue of notices conv ening such meetings ; and (c) the con duct of busin ess thereat. (6) Un til such time as the regulations refe rred to in sub-section (5) hav e come into ope ration , it shall be lawful for the Preside nt to summon , by letter addressed to each member, a meeting of the Council at such time an d 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 portion th er eo f: Prov ided th at nothing in this Section shall be deem ed to proh ibi t any pers on from disclosing or publishing the text of any resolutio n ado pte d by the Council, unless the Cou n cil directs such resolution also to be tre ate d as con fide ntial. - ■ - - . -------________ 120 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 10, 1980 (b) No disqu alific ation of, or defect in the election, nom ination or appo intme nt of, any person as member or as a presiding au tho rity of a meeting, shall of itse lf be deem ed 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 ncil, ‘the con tinuing mem bers may act, as if no vacancy ha d occu rred, unless the num ber o f , vacan cies exceeds two in num ber. Pay m en t of 13 - There shall be paid paymen t to the m emb ers of the exp enses Council, the expenses as may from um e to time be pres crib ed to m em be rs, by reg ula tion un de r clause (a) of sub-section (4) of Section 34. App ointmen t 14 . (1) With the previous sanction of the Sta te Gove rn- Of R eg is trar m e n t t p e Cou ncil— an d ot he r officials. (a) shall appo int a R eg is tr ar ; (b) may gr an t leave to such Re gis trar and appoint a person to act in his plac e ; and (c) shall pay to the Re gistr ar and to the pers on if any app oin ted to act in his place such sal ary an d such allowances as the Council may determ ine from time to time. (2) The Council may appoint such oth er officers and such minis terial and class—I V staff as it may co n sider necessary 7 for the purposes of this Act, and shall pay them Such salary and allowances if any as the Council may dete rmine. (3) The Reg istra r or the persons app oin ted to act in his plac e shall act as Secretary of the Council. (4) Every person app ointed under sub-sections (1) and (2) shall be deemed to be a public servan t within the meaning of Sectio n 21 of the Indian Pen al Code . Punishm ent 15. (1) Th e Cou ncil may punish or dismiss a , person an d dismissalappointed und er sub-sections (1) and (2) of Sectio n 14, afte r o f official of be has been given a reas onable opportu nity of show ing the Co unc il. c a u s e a ga in s t the acti on proposed to be tak en in regard to him : Provide d th a t previous san ction of the Sta te Go ver nment shall be necessary in the case of a person app oin ted und er sub-se ction (1) of Sectio n 14 ; TH E AS SA M GA ZE TT E, EX TR AO RD IN AR Y JU NE 10, 1980 12 1 Provide d furth er tha t a person appointed un de r sub section (2) of Section 14, shall have a right of app eal to th e State Gov ern ment against an ord er under this Section within one month from the date of the com municatio n of the or de r to him. (2) The powe r to punish conferred by sub-se ction (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) shall be deem ed to include the power to suspend any per son aga inst whom the powe r of dismissal might be exerc ised, pending inq uir y into his conduct. THE REGISTE R OF VET ERINAR Y PRA CTI TIO NER S Ord er , by 16 . (1) The Council shall, as soon as convenient, aft er f^r r abate' t ^l e c o m m e n c e n l e n t this Act and from time to time as nance^of 6 occ asio n may req uir e, make orde rs for reg ula ting the egister. ma inte nan ce of the register of Veterin ary 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 Vete- func tio ns in rinary Pract itio ners in such form and i i uch ma nner as may resp ec t of u, e prescribe d and shall make from time to time such ent ries, re gi ster . correction s, alte rnation s or modifications in the entries there - in as may be necessary or as may be dire cted by the Cou ncil. (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 registered pra ctit ioners, addressed to him accor ding to his registered address or app oin tment , to enquire whether he has ceased to prac tise or whe ther his resid ence or app oin tment has been chan ged ; and if no answ er to any such let ter is received within a perio d of six months from its des patch , the Re gis trar may erase the nam e of such registere d vet erinar y pra ctitioner s from the re gi st er : Provide d th at any nam e erased und er this sub-s ection 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 qualifications re tit led to be f c r r e d t o i n t h e s cji e d u ie o r f o 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 oth er State in Ind ia, if rec ipr ocity of regi stra tion has been arranged with the author ity adm inis tering such Act, shall, subject to the provisio ns hereinafter contain ed and on pay men t of such fees as may be fixed in this behal f by regu latio ns made und^r clause (b) of sub-section (4) of S ection 34, be entitled to have his name entered in the register of Veterinary Practitio ners : •r Veteri nary College, 122 TH E AS SA M GA ZE TT E, EX TR AO RD INAR Y, J UNE 10, 198p Pro vid ed th at the Re gis trar shall refer to the Cou ncil an app lica tion for entry in the reg iste r from a person in respec t of whom he considers th at the Counc il may wish to proc eed under sub-section (1) of Sectio n 25 : Prov ided also th at the Registrar , if so directed by the Council, shall refuse to register the nam e of any person no tw ithsta nding the fact that he is in possession of Veteri nary degre e or diploma recog nised 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 exa min ations prescribed by any University, Body or Insti tut ion conferring any degree, diploma, certificate or any othe r like award no t ent ered in the Sche dule, are such as to secure the possession by its receipient of the req uis ite knowledge and skill for the efficient prac tice of vet erinary science, the Sta le Go ve ra- me nt may from time to tim e, by notific atio n in the ‘Official Ga ze tte ’ am end the Schedule and include the rein such degree, dip lom a, certif icate or, as the case may be, awa rd, subject to any conditions 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 Council shall have powe r to call on the g overn- S u o r' i V or ’n 8 body or authorities 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 orts, return s or oth er info rmatio n as the Council may requ ire to enable it to jud ge the efficiency of the instruct ion given therein ; a nd (b) to provide facilities to enable a member of th e Co uncil de pu ted by the Council in this behalf to be prese nt at the exa min atio n held by such Univers ity/C ollege. o e Information required of • t r applic ant fo; U registration renewal fee etc. 20. (i) Every pers on who applies to have his name entered, ae register of Veterinary Pra ctitioner s— (a) must satisfy the Re gis trar th at he is in possession of the recog nised Veterinary qualifications referred to in the Schedule as alt ere d by notificatio n, if any, issue d un de r Section 18 (ii) ; (b) mus t inf orm the Regis trar of the dates on which he obtain ed the title or q ualifications which ent itle d him to claim registra 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 trar any inform atio n which he reaso n ably may requ ire fo r the purpose of discharging his duties under this Act. (ii) (a) The Council may, on being satisfied th at a p erso n app lyin g for regi stra tion possesses a recognised Veterinary qualification and h as paid the pres cribed fee, allow the app lica tion and direct the Re gis trar to ent er his nam e in the register and such entry shall, unless cancelled earlie r, be borne in the registe r for one yea r ; (b) Th e Re gistr ar shall, on regi stra tion of a perso n’s name , give him a certifica te of regi stration under his ha nd a&d seal. (iii) (a) A Veterin ary Pract itio ner whose name is e ntered in the register shall be ent itle d to have his nam e reta ine d in the reg iste r on pay ment of such annual renewal fee and within such tim e as may he prescribed ; (b) If the rene wal fee is not pa id within the time pres crib ed, the Re gistr ar shall strike off the nam e of the def aulter from the register : Provide d th at any nam e so stru ck off from th# register ma y, subje ct to such conditions as the Counc il may by reg<- lation pro vide, be re-ent er in the register on pay men t of the rene wal fee an d nom inal fine not exceeding Rup ees fifty. (iv) (a) A vete rina ry pra ctit ioner whose name is struck off from the register un de r sub-section (iii) (b) of Section 20 shall forthwith surre nder his certificate of reg istration to the Re gis tra r and the nam e so stru ck off shall be pub lished in the official g azette ; (b) If any such nam e is afterw ard s re- en ter ed in the registe r in accordance with the provision of this Act, the fact of such re-entry shall be pub lished in the official gazette and the certificate of registr atio n shall be return ed to the veterin ary pr ac tit ione r concerned. E n tr 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 practitione rs obtains any title or qualification other than the title or qualifica tion in respect of which he has bee* roister! registered, he shall on pay ment of such fees as may be pres crib ed in this behalf by reg ula tion ma de und er clause (b) of sub-se ction (4) of Section 34, be entitled to have an entry stat ing such oth er titl e or qualif ication mad e again st his nam e in the register, eith er in sub stitutio n for, or in add itio n to, any ent ry previously mad e. 124 TH E AS SA M GA ZE TT E, EX TR AO RD IN AR Y, JUNE 10, 1980 F in an-i al 22 (1) The Council shall, for the adm inistra tion of its atters. pur poses, realise reg istration fees for renew al of reg istrat ion , app lication fees and such oth er fees and fines as may be decid ed by the Cou ncil, prov ided that the ra te of which fees shall be cha rged or any vari ance thereo f shall be given effect to with the prior 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 trar and staff ma intain ed by the Council ; (b) fees and allowances paid to the m emb ers of the Cou ncil; (c) such oth er expenses as are nece ssary for performing its duties and functions under this Act. (3) The Council sha ll ma intain in such form as may be pre scribed pr op er acco unts which shall be audited ann ually by an au ditor app ointed 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 Cou ncil to the State Gover nm ent and to the Accountant Ge neral, Assam, within one mo nth from the date of which the aud it re po rt is received by the Council. (5) The dr af t budget before it is placed before the Cou ncil shall be sub mit ted to the Sta te Gover nm ent and the views o f the Government may be recorded at the time this is sub mitted before the Council fo r con sideration . (6) The Sta te Gov ern ment may mak e such ann ual grants, as it may conside r necessary to the Council for the pro per discha rge of the functions o f the Council under this Act. (7) All moneys receiv ed by the Council as fees and grants under thi s Ac t or oth erw ise shall be credited into a fu nd to be called “ the Assam Veterinary. Cou ncil Fu nd ” which shall be under the manag ement and control of the Council an d shall be held and a pplied by the C ouncil for the purp ose of this Act in such manner as may be pre scr ibe d. (8) All moneys cred ited to the “Assam Ve terinary Council F und” shall for thw ith be deposited into th e 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 Veterina ry Cou ncil Fund Account” . iH B ASSAM GAZETTE, EX TR AO RD IN AR Y. JU NE 10, 1980 125 St ra r. Eraser of fraudu lent & incorrect entries. Co un cil tO a P e 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 li- on of Rc gi- fication of such pers on in the register of Ve teiina ry Practi tioners he may, at any time with in three mon ths from the date of such decision, app eal to the Council whose decision shall be final. 24’ Any entry in the register of Vete rinary Pra ctitioners which is proved to the satisfaction of the Council to have been frau dulently 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 pers on concerned and his objections (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 prohibit the entry in, or ord er the rem oval from, the Register, the nam e of any Vet erin ary Pra ctitioner :— 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 urt ma rtial to imprisonment for an offence ind i cating in the opinion of the Council such defect in chara cte r as wou ld ren der the entry or con tinu anc e of his nam e in the register und esirab 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, vakil, plea der or attorn ey, and which may at the discretio n of the Council be held in came ra) has found guilty by a maj orit y of two thirds of the mem bers present and votin g at the meeting of infamous con duc t in any profe ssional respect. (2) No thi ng in sub-se ction (1) shall be deem ed to justify the exclusion or removal from the reg iste r of the nam e of any Ve terina ry Practitioner on the gro und of his adoption of a theory of veterin ary medic ine or surger y no t in acc ord ance with the accepted view for the time being or of his association wit h an un-registe red pr ac tit ione r, so long as the un-regis- tered pra ct itio ner : — (a) is in possession of a Recognised Veterinary qua li fica tion ; (b) is not a pers on whose nam e the Council has reasen to believe has been excluded or removed from the register by the Council under sub-se ction (1) or would be so excluded if app lication for reg ist rat ion the reo f were made. 126 THE ASSAM GAZETTE. EXTRAORDINARY’ , JUNE 10 , 19 80 (3) The Council may dire ct th at the nam e of any perso n against who m an ord er has been ma de un de r sub-se ction (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 Governm ent State Gove- fr o m every decision of the Council under Section 23 or 25. rnment from decision of (2) Every app eal under sub-se ction (1) shall be pre fer red wit hin three months from the date of such decision. Council. Bar to suits and other legal pro ceedings. Notice of deaths and eraser of names from register. 27. No suit or oth er legal proce edings shall 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 Registrar of deaths who receives notice of the de ath of a person whose nam e he knows to be ent ered in the register of Ve terina ry Pra ctit ion ers shall forthwith tra ns mit by post to the Registrar of the Council a certificate of such death signed by him and stat ing particular s of the time an d place of death . (2) On rece ipt of such certificate, or oth er reliable info rmatio n regarding de ath , the Reg istr ar shall erase the name of the deceased person from the register. (3) Every person regis tered under the Act shall be exem pte d, if he so desires, from serving on any inquest. Penalty on 29. If a person whose nam e is no t en ter ed in the unregistered reg iste r of Veterinary Pra ctitioners falsely pre ten ds th at it person r t cPr® ‘is so entered or uses in conn ectio n with his nam e or titl e he " is^ regis- any word s or letter representing th at his nam e is so enter ed, tered. he shall, wh ether any person is actu ally deceived by such rep res entation or no t, be pun isha ble, on conv ictio n by a M ag ist rate of the first class, with fine which may extend to three hundred rupe es. 30. (i) No court othe r tha n the cou rt of a Magistrat 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 urp ose of any inquiry he ld under Section 25, or of any app eal u nde r Section 23, the Co un cil shall be deem ed to be a Co ur t within the mea ning of the India n Evide nce Ac t, 1872, an d shall exercises the pow ers of a Commissioner app oin ted un de 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 IN ARY , JU NE 10, 1980 227 8 to 10 of the said Pub lic Serva nts ’ (Inq uiries) Act, 1850 an d shall have the powers of a Civil Co urt while disposing of suits un de r the Code of Civil Procedure , 1908, in respect of the following matters'— (a) summ oning an d enforcing the atte ndanc e of any pers on and exam ining him on oath, (b) req uiring the discovery and produ ctio n of d ocumen ts, and (c) rece iving evidence on affidavits. Res erva tion 3 1 • No pers on oth er tha n a Reg istered Veterinary Pra c- of ce rta in titione r shall be com petent to hold an appointme nt as app oin tme nts Ve ter ina ry Phy sician Surgeon or other Ve terina ry Officer in Practh'ioners a n ^ G o v ern m e n t institut ion and hospita l/dispensary which is r ‘ sup ported pat dail y or wholly by public funds, or in any public or priva te esta blis hment, body or ins titu tion or under a local autho iity unless he is registered un de r this Act. ^ractihoners No c e r t ’ficate required by an y Act from any e tr ti tcates Veterinary Pract itio ner or Ve terinary Officer shall be valid unless etc. th e person signing the certificate shall have been registered un de r this Act. (2) No prescription by a Vet erin ary Pra ctitioner or Veteri nary Officer shall be disposed of by chemists unless the person pre scribin g the pre scr iption shall have been regis tere d under this Act. (3) No person shall be qualified 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 shall have been registered un de r this Ac t. ANN UAL VET ERINAR Y LIST Publication 33. (1) The Re gis trar shall once in every thre e years , on of & presum-o r before a date to be fixed in this behal f by the Council, entrT esta10 c a u s e t o be printe d and pub lished a correct list of the An nual Ve te-n a m e s the time bein g ente red in the register of Veteri- rin ary list, nar y Practitioners setting forth (a) All nam es ente red in the register arr anged in alp ha beti cal ord er according to the surnam es ; (b) The registered address or appointme nt of each pe r son whose name is ent ered in the re gi st er ; and (c) The regis tered titles and qualific ation of each such person and the date on which each such title was gra nte d or each such qua lific ation was certified. 12 8 THE ASSAM GAZETTE. EXTRAORDINARY, JUNE 10 , 19 80 (2 ) The Re gis trar shall also cause to be pri nte d and p ub lished an an nu al supplement in Janu ary ever y yea r showing the rein the corr ections made npt o the 31st Decem ber pr o ceedin g, in the list of names in the register of Ve terina ry Pract itio ners last published. (3) Every court shall presume th at a perso n whose nam e is entered in the latest of such lists is duly registered under this Act, and th at person whose nam e is no t so ent ered is not registered un de r this Act : Pro vided that, in the case of any person who se name does not appear in such list, a certified copy signed by the Re gis tra r of the entry of the nam e of such per son in the register of Ve ter ina ry Pra ctitioner s shall be evidence th at such person is reg iste red under the Act. RU LES AN D RE GU LA TION S Rules and 34.(1) The State Go vernm ent may, aft er previous pub - egu a ions ij c a ^ o n f r o m time to time , mak e rules to carry out the purposes of this Act. • (2) In pa rticular , and withou t prejudice to the ge ne ra lity of the foregoin g power, such rule s may prov ide : ■ — (a) to reg ula te elections un de r this Act ; (b) to prescribe the form of the register of Veterinary Pra ctitioner s to be ma intain ed un de r this A c t; (c) to reg ula te the app lication of fees ; (d) to reg ulate the procedure to be followed by the Cou ncil fo r:— (i) conducting any inq uiry under Section 25 ; and (ii) disposing of appe als from the decision of the Regis tr ar pre ferred un de r Section 23. X (3) “Every rule ma de under this section shall be laid as soon as may be after it is mad e, before the Assam Legislative Assembly while it is in session for a total per iod of fourtee n 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 follow ing, the Assam Legislative Assem bly agree in making any mod ifica tion in the rule or the Assam Legislative Assem bly agre e th at the rule sho uld not be mad e 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 ann ulm ent shall be witho ut prejudic e to the validity of any thin g previously done un de r th at rule’* . THE ASSAM GAZETTE, EXTRAO RDINAR Y, JUNE 10, 19 80 12 9 (4) In ad dit ion to the power confe rre d by Section 12, the Council may, with he previous sanction of the Sta te Governm ent make regu lations : — (a) to pres cribe the expenses payable to memb ers of the Council, such as fees ior atte ndances at meetings of the Council and reas enable trav ellin g expenses as m ay fro m time to time be allow ed by the Council ; Po we r of St al e Go ve rn men t to give direc- do ns to the Cou nc il. Co ntr ol of Co unc il by the State Govt. (b) to prescribe the fees chargeable in respect of any registi ation under this Act ; (c) to regulate the keepin g of acco unts ; 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 azette. 35. Th e State Gov ernm 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 wit h such directions. 36(1) If at any time it appears to the State Governm ent th at the Council 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 dut y imposed upo n it by this Act, th e State Gov ernmen t may, if it considers such failure, excess or abuse 40 be of a serious character, notify the par ticu lars thereo 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 behalf, 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 performe d by such agen cy and for such period 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 Sectio n 4. (2) Notwithst anding any thin g c ntained in this Act , or in the Rules or the regulations, if at any time, it appears to the State Gov ernm ent th at the Council or any other autho ri ty empowered to exercise any of the powers or to perform any of the duties or functions under this Act, has not been validly cons titute d or app ointed, the Sta te Governm ent may cause any of such powers or functions 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 ific ati on 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 o n in In di a [Rule 2 (i)] • I nstitution DEGREE qualification Abbreviation for Registration 1. Assam Agr icultural Uni versity . Bachelor of Ve terina ry Science & Animal Husba ndry. B. V. Sc. & A.H- 2. Agra Univers ity Do Do 3. An dh ra Uni versity Do Do 4. Biha r University Do Do 5. Bombay Univers ity Bachelo r of Science (Vety.) B. Sc. (Vety ) 6. Ca lcutta Univers ity Bache lor of Ve terinary Science B. V. Sc. 7. Ga uh ati University Bachelor of 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 University 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 University Do Do 13. Sagar Uni vers ity Bac helo r o f V eterinary Science B, V. Sc. 14. Ut ka l University Bac helo r of Veteri nary Science & A nim al Husba ndry. B. V. Sc. & A H , 15. Vikra m Uni versity Dip lo m a Do Do 16. Assam Veterin ary College. Gr ad ua te in Ve terinary Science. G. V. Sc. 17. Bengal V ete rin ary Colle ge. (i) Gr ad ua te of Bengal Ve terina ry College. (ii) Gr ad ua te in Ve terin ajy Science. G. B. V. C. G. V. Sc. 18. Bih ar Veteii nary College. Gradu ate of Bih ar Ve terina ry College. G. B. V. C. ___ THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 10 , 19 80 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 o f Veterinary B. V. Sc . University. Scie nce. 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 islative Deptt. G A U H A T IP ri nte d an d published by the Supdt. i/c „ Assam Govt. Printing Press (Ex-Gazf tte) e.63—8864-500—10-6 -1980.