The Gujarat Veterinary Practitioners Act 1969

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The Gujarat Veterinary Practitioners Act 1969
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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Gujarat Act No. 15 of 1973

The Gujarat Veterinary Practitioners Act
1969

(As modified upto the 30st April, 2012)

The Gujarat Veterinary Practitioners Act 1969
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THE GUJARAT VETERINARY PRACTITIONERS ACT, 1969.

CONTENTS.
PREAMBLE.

SECTIONS.

1. Short title, extent and commencement.

2. Definitions.

3. Constitution and incorporation of Council.

4. Term of office of members.

5. Casual Vacancies.

6. Resignation.

7. Disqualification, disability and removal from office.

8. Meetings of Council.

9. Proceedings of meetings and Validity of acts.

10. Fees and allowances to members.

11. Income and expenditure of Council.

12. Powers, duties and functions of Council.

13. Registrar and other employees of Council.

14. Preparation of Register.

15. Persons not entitled to registration.

16. Removal of names from register.

17. Maintenance of register.

18. Renewal fee.

19. Publication of periodical list of registered veterinary practitioners.

20. No refund of fees.

21. Rights of registered veterinary practitioners.

22. Notice of death.

23. Unregistered persons not to hold certain appointments.

24. Prohibition of Veterinary practice by persons not registered.

25. Registered practitioners competent to give valid certificates or expert
evidence.

26. Prohibition against Addition of any title, description etc., to name of any
person, unless authorised to do so.

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SECTIONS.

27. Offences under Act to be cognizable.

28. Indemnity to persons acting under the Act.

29. Rules.

30. Regulations.

31. Budget estimates of Council and re-appropriation of funds.

32. Copy of budget estimate to be forwarded to State Government,

33. Accounts and their audit.

34. Control of State Government.

35. Amendment of Schedule.

36. Repeal and saving.

37. Vesting of rights, duties, etc.

SCHEDULE.

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GUJARAT ACT NO. 15 OF 1973 1

[ THE GUJARAT VETERINARY PRACTITIONERS ACT, 1969. ]
[ 10th July, 1973]

An Act to consolidate and amend the law regulating the qualifications,
and providing for registration, of veterinary practitioners in
the State of Gujarat.

It is hereby enacted in the Twentieth Year of the Republic of India as
follows:-

CHAPTER I.
PRELIMINARY.

1. (1) This Act may be called the Gujarat Veterinary Practitioners Act, 1969.

(2) It extends to the whole of the State of Gujarat.

(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,-

(a) "appointed day" means the date on which this Act comes into force;

(b) "Council" means the Gujarat Veterinary Council established and
constituted under this Act;

(c) "Director" means the Director of Animal Husbandry, Gujarat State and
includes any officer authorised by the State Government to exercise the
powers and discharge the duties of the Director of Animal Husbandry,
Gujarat State;

(d) "hospital" means an institution in the State where animals are treated by
methods approved by the Council;

(e) "member" means a member of the Council who is a recognised veterinary
practitioner;

(f) "prescribed" means prescribed by rules or regulations, as the case may be,
made under this Act;

(g) "President" means the President of the Council;

(h) "recognised qualification" means any of the qualification specified in the
Schedule;

(i) "register" means the regi ster of veterinary practitioners prepared and
maintained under section 14;

(j) "registered veterinary practitioner" means a veterinary practitioner who
holds a recognised qualification or is otherwise entitled to have his name
registered under this Act an d whose name is for the time being entered in the
register;

(k) "Registrar" means the Registrar appointed under section 13;

(l) "regulations" means the regulations made by the Council under sec - tion
30;

Short title, extent
and
commencement.
Constitution and
incorporation of
Council.
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(m) "rules" means the rules made by the State Government under sec- tion 29;

(n) "Schedule" means the Schedule appended to this Act;

(o) "Veterinary College" means a college referred to in the Schedule.

CHAPTER II.
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL.

3. (1) With effect from such date as the State Government may, by notification
in the Official Gazette, notify, there shall be established for the purposes of
this Act, a Council to be called "The Gujarat Veterinary Council". The
Council shall be a body corporate and have perpetual succession and a
common seal, and may by the said name sue and be sued, and shall be
competent to acquire and hold property, both moveable and immoveable, and
to contract and do all things necessary for the purposes of this Act.

(2) The Council shall consist of six members including the President and shall
be constituted in the following manner, namely : —

(a) the Director shall be an ex-officio member and the President;

(b) one member, who shall be the Principal of a veterinary college,
shall be nominated by the State Government;

(c) one member, not being a Principal of a veterinary college, shall be
elected, by members of all the faculties of veterinary science, by
whatever name called, in the statutory universiti es in the State of
Gujarat, dealing with veterinary education from amongst themselves;

(d) three members shall be elected by the veterinary practitioners,
residing in the State of Gujarat, who are registered under this Act,
from amongst themselves.

(3) If at any election, the electors fail to elect the requisite number of
members to the Council, the State Government shall nominate such registered
veterinary practitioners as it deems fit, to fill the vacancies which remain
unfilled after the election, and the practitioners so nominated shall be deemed
to have been duly elected under sub-section (2).

(4) The election of members of the Council under this section shall be held at
such time, and at such place, and in such manner as may be prescribed by
rules.

(5) Notwithstanding anything contained in the foregoing provisions of this
section,-

(i) in respect of the constitution of the Council for the first time under
this Act, all the members thareof other than the ex-officio member
shall be nomi- nated by the State Government;

(ii) the members so nominated shall hold office for such period not
exceeding three years in the aggregate as the State Government may,
by notification in the Official Gazette, from time to time, specify.

(6) The names of members nomi nated or elected under this section shall be
published in the Official Gazette by the State Government.

4. (1) Except in the case of the constitution of the Council for the first tune, the
term of office of a member of the Counc il, other than the ex-officio member,
whether elected or nominated, shall be a period of five years commencing on
Constitution and
incorporation of
Council.
Term of office of
members.
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the date of the publication of his name in the Official Gazette under sub -
section (6) of section 3:

Provided that, the State Government may, by notification in the
Official Gazette, extend from time to time the term of office of the members
of the Council for a further period not exceeding two years in the aggregate.

(2) The term of an outgoing member shall, notwithstanding anything
contained in sub-section (5) of section 3 and sub-section (7) of this section, be
deemed to extend to, and expire with, the day immediately preceding the day
on which the name of the successor of such member is published under sub -
section (6) of section 3.

(3) An outgoing member shall be eligible for re-election or re-nomination.

5. (1) Any casual vacancy, previous to the expiry of the term, in the office of a
member due to his death, resignation, removal, disability or disqualification
or any other reason shall be filed within three months of the occurrence of the
casual vacancy, by nomination or election according as the seat vacated by
the member is liable to be filled by nomination or election under section 3.

(2) On the occurrence of a vac ancy referred to in sub -section ( 1), the
President shall forthwith report the fact of such vacancy to the State
Government.

(3) Any person nominated or elected under sub -section (1) to fill a vacancy
shall, notwithstanding anything contained in section 4, hold office only so
long as the person in whose place he is nominated or elected would have held
office, had the vacancy not occurred.

6. An elected member may at any time resign his office by notice in writing to the
President. A nominated member, may at any time resign his office by a notice in
writing to the State Government. Such resignation shall take effect on and from the
date on which it is accepted by the President or the State Government, as the case
may be.

7. (1) No person-

(a) who is an undischarged insolvent;

(b) who has been adjudged to be of unsound mind by a competent
court;

(d) who is a full time officer or servant of the Council,

(e) shall be eligible to be elected or nominated or to continue as a
member.

(2) If any member,—

(a) fails to accept office within one month of the date of his
nomination or election; or

(b) absents himself from three consecutive meetings of the Council,
with- out such reasons as may in the opinion of the Council be
sufficient; or

(c) dies or has his resignation accepted during the term of his office;
or
Casual vacancies.
Resignation.
Disqualification,
disability and
removal from
office.
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(d) ceases to represent the faculties of veterinary science, if he is a
member elected under clause (c) of sub-section (2) of section 3; or

(e) becomes, or is found to be subject to any of the disqualifications
specified in sub-section (1),

the State Government shall declare his office to be vacant.

(3) The State Government may, on the recommendation of the Council,
supported by at least two -thirds of the total number of its members, remove
from office as a member any member elected or nominated under this Act, if
such member has been guilty of misconduct in the discharge of his duties as a
member, or of any disgraceful conduct, or has become incapable of
performing his duties as a member :

Provided that no resolution recommending the removal of any
member shall be passed by the Council, unless the member to whom it relates
has been given a reasonable opportunity of showing cause why such
recommendation should not be made.

8. (1) Subject to the provisions of this Act and the rules, the meetings of the
Council shall be convened, held and conducted in the manner prescribed by
regulations. Until the regulations are made in this behalf, the President may
convene and hold a meeting of the Council at such time and place as he thinks
fit, after informing each member about it.

(2) The President shall preside at meetings of the Council. If the President be
absent, the members present at the meeting shall elect from amongst them -
selves one member to preside at the meeting.

(3) Save as otherwise provided by this Act, all questions at a meeting of the
Council shall be decided by a majority of the votes of the members present
and voting at the meeting.

(4) The presiding authority at a meeting shall have and exercise a second or a
casting vote in the case of an equality of votes.

(5) Three members of the Council inc luding the President shall form a
quorum. When a quorum is required but not present, the presiding authority
shall, after waiting for not less than twenty minutes for such quorum, adiourn
the meeting to such hour on some future day as he may notify on the notice
board at the office of the Council, and the business which would have been
brought before the original meeting had there been a quorum thereat, shall be
brought before the adjourned meeting, and may be disposed of at such
meeting or at any subsequent adjournment thereof, whether there be a quorum
pre- sent or not.

9. (1) The proceedings of the discussion of every meeting of the Council shall
be treated as confidential and no person shall, without the prev ious per -
mission of the Council, disclose any portion thereof :

Provided that nothing in this section shall be deemed to prohibit any
person from disclosing or publishing the text of any resolution adopted by the
Council, unless the Council directs such resolution also to be treated as
confidential.

(2) No disqualification of, or defect in the election, nomination or
appointment of, any person as member or as a presiding authority of a
meeting, shall of itself be deemed to vitiate any act or proceeding o f the
Council, in which such person has taken part, whenever the majority of
Meetings of
Council.
Proceedings of
meeting and
validity of acts.
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persons party to such act or proceeding were entitled to vote.

(3) During any vacancy in the Council, the continuing members may act, as if
no vacancy had occurred, unless the nu mber of vacancies exceeds two in
number.

10. There shall be paid to the members such fees and allowances for attendance at
meetings and such reasonable travelling allowances as may from time to lime be
prescribed by regulations made by the Council.

11. (1) The income of the Council shall consist of-

(a) fees received from veterinary practitioners;

(b) grants received from the State Government, if any; and

(2) It shall be competent for the Council to incur expenditure for the
following purposes, namely : -

(a) salaries and allowances of the Registrar and the other staff
maintained by the Council;

(b) fees and allowances paid to the members of the Council;

12. Subject to such conditions as may be prescribed by or under the provisions of this
Act, the powers and functions of the Council shall be-

(a) to maintain the register and the periodical list and to provide for the
registration of veterinary practitioners;

(b) to hear and decide appeals from any decision of the Registrar;

(d) to reprimand a registered veternary oractitioner, to suspend or remove him
from the register or to take such other disciplinary action against him as may,
in the opinion of the Council, be necessary or expedient;

(e) to exercise such other powers and perform such other duties and functions,
as are laid down in this Act, or may be prescribed by rules.

13. (1) The Council sha ll, with the previous sanction of the State Government,
appoint a Registrar. The Registrar shall be paid such salary and allowances, if
any, as the Council may determine with the previous sanction of the State
Government.

(2) The Council shall have power to grant leave to the Registrar.

(3) For the period of leave of the Registrar or when a temporary vacancy
occurs in the office of the Registrar for any other reason, the Council may,
subject to the provisions of sub -section ( 1) appoint a person to act as
Registrar and until such appointment is made, the Council may nominate any
of its officers to carry on the current duties of the office of the Registrar.

(4) The Registrar shall be the Secretary of the Council.
Fees and
allowances to
members.
Income and
expenditure of
Council.
Powers, duties and
functions of
Council.
Registrar and other
employees of
Council.
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(5) The Council may appoint such other offi cers and servants as it may
consider necessary for the purposes of this Act. An officer or servant so
appointed shall be paid such salary and allowances, if any, as the Council
may determine.

(6) Save as expressly provided in this section, the conditions of service
(including those relating to disciplinary action) of the Registrar and other
officers and servants of the Council shall be such as may be prescribed by
regulations:

Provided that no order suspending, dismissing or removing the
Registrar from o ffice or imposing any other penalty on him shall be passed
without the previous sanction of the State Government :

Provided further that where in the course of any disciplinary action
against any other officer or servant of the Council, any penalty is imposed on
such officer or servant by the Council, such officer or servant shall be entitled
to prefer an appeal against the order imposing such penalty to the State
Government within a period of thirty days from the date of the
communication of the order to him.

(7) The Registrar and other officers and servants appointed under this section
shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.

CHAPTER III.
REGISTRATION.

14. (1) As soon as may be after the appointed day, the Registrar shall prepare and
maintain thereafter a register of veterinary practitioners for the State, in
accordance with the provisions of this Act.

(2) The register shall be in the form prescribed by rules and there shall be one
register consisting of two parts Part I shall include the names of registered
veterinary practitioners possessing any of the recognised qualifications and
Part II shall include the names of registered veterinary practitioners other than
those included in Part I.

(3) Every person who possesses any of the qualifications specified in the
Schedule or is for the time being registered under any law for the registration
of veterinary practitioners in force in any other State in India wit h whom
reciprocity of registration of veterinary practitioners has been arranged by the
State Govenment, shall, at any time on an application made in the form
prescribed by rules to the Registrar and on payment of a fee prescribed by the
regulations be entitled to have his name entered in the register :

Provided that the Registrar shall refuse to register the name of a
veterinary practitioner who in the opinion of the Council, is not fit to be
registered on account of his past misconduct as defined for the purpose of
section 16.

(4) Notwithstanding anything contained in sub -section (3) the name of every
person who on the day immediately preceding the appointed day stood
registered in any register kept under the Bombay Veterinary Practitioners Act,
1953 in its application to the Bombay area of the State or under any other
corresponding law shall be entered in the register prepared under this Act
without such person being required to make an application or to pay any fee.

(5) The register shall include the following particulars, namely : -

XLV of 1860.
Preparation of
Register.
Bom. LXVIII of
1953.
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(a) the full name and residential address of the registered veterinary
practitioner;

(b) the date of his admission to the register maintained under this Act
and in the case of a veterinary prac titioner registered in any other
State, the date of his admission to the register maintained under the
law of that State and if he be a person who was, on the day
immediately preceding the appointed day, registered in a register kept
under any of the laws referred to in sub - section (4), the date of his
admission to that register;

(c) the qualifications specified in the Schedule possessed by him, if
any, and the date on which he obtained each qualification and the
authority which conferred or granted it; and

(d) such further particulars as may be prescribed by rules.

(6) When the register is prepared in accordance with the foregoing provisions,
the Registrar shall publish in the Official Gazette and such newspapers as the
Council may select, a notice stat ing that the register containing the names of
practitioners entered therein up to the date specified in the notice has been
prepared.

(7) (a) Every registered veterinary practitioner shall be given a certificate
of registration in the form prescribed by r ules. He shall display the
certificate of registration in a conspicuous place in his dispensary,
clinic or place of practice.

(b) Such certificate shall, subject to the renewal thereof under the
provision! of this Act, be valid only up to the date specified therein.

15. Notwithstanding anything contained in section 14 no person, whose name has
been removed, whether before or after the coming into force of this Act, from any
register kept under-

(i) the Bombay Veterinary Practitioners Act, 1953 as in force in the Bombay
area of the State; or

(ii) any other law for the time being in force in India or any part thereof
regulating the registration of veterinary practitioners,

for commission of any offence or infamous conduct in a professional respect shall be
entitled to have his name entered in the register, unless the Council, on sufficient
cause being shown, directs his name to be entered therein on such conditions and on
payment of such fees as may be prescribed by regulations.

16. (1) If a registered veterinary practitioner has been, after due inquiry held by
the Council in the manner prescribed by rules found guilty of any misconduct
by the Council, the Council may-

(a) issue a letter of warning to such veterinary practitioner; or

(b) direct the name of such veterinary practitioner either to be
removed from the register for such period as may be specified in the
direction, or to be removed from the register permanently.

Explanation.-For the purposes of this section, "misconduct"
shall mean-

(i) a cognizable offence by a registered veterinary practitioner
which involves moral turpitude, and for which he is convicted
Persons not entitled
to registration.
Bom. LXVIII of
1953.
Removal of names
from register.
The Gujarat Veterinary Practitioners Act 1969
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by a criminal court, or

(ii) a cognizable offence by a registered veterinary practitioner
subject to military law for which he is convicted under the
Army Act, 1950, or

(iii) any conduct which, in the opinion of the Council is
infamous in relation to the veterinary profession, part icularly
under a code of ethics, if any, prescribed by the Council:

Provided that the adoption by a registered veterinary practitioner of a
theory of veterinary medicine or surgery which is not in accordance with the
theory accepted for the time being sha ll not be deemed to be misconduct nor
shall the association of a registered veterinary practitioner with an
unregistered practitioner be deemed to be misconduct, so long as such
unregistered veterinary practitioner-

(a) is in possession of a recognised qu alification, and Maintenance of
register.

(b) is not a person whose name has been removed from the register
under clause (b) or to whom the provisions of section 15 apply.

(2) The Council may, on sufficient cause being shown, direct at any
subsequent date that the name of a veterinary practitioner removed under sub-
section ( 1) shall be re -entered in the register on such conditions and on
payment of such fees, as may be prescribed by regulations.

(3) The Council may, of its own motion, or on the applicati on of any person,
after due and proper enquiry and after giving an opportunity to the person
concerned of being heard, cancel or alter any entry in the register if, in the
opinion of the Council, such entry was fraudulently or incorrectly made.

(4) Any person aggrieved by an order of the Council under sub-section (1) tor
(3) may, appeal in the manner prescribed by rules to the State Government
within ninety days from the date on which the order is communicated to him.

(5) In holding any inquiry under this section, the Council, shall have the same
powers as are vested in civil courts under the Code of Civil Procedure, 1908,
when trying a suit, in respect of the following matters, namely: -

(a) enforcing the attendance of any person, and examinin g him on
oath;

(b) compelling the production of documents; and

(6) All inquiries under this section shall be deemed to be judicial proceedings
within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

17. (1) It shall be the duty of the Registrar to keep and maintain the register
correctly, as far as possible, and from time to time to make and revise the
entries therein and to issue the certificates of registration and renewal slips, in
accordance with the provisions of this Act and the rules, and the orders of the
Council.

(2) The names of registered veterinary practitioners who die or whose names
are directed to be removed from the regist er under sub-section (1) at section
16 shall be removed therefrom.

XLVI of 1950.
V of 1908.
XLV of 1860.
Maintenance of
register.
The Gujarat Veterinary Practitioners Act 1969
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(3) any person whose name is entered in the register and who subsequent to
his registration obtains any additional qualification which is specified in the
Schedule, or desires any change i n his name to be recorded in the register
shall, on an application made in this behalf and on payment of such fee as
may be prescribed by regulations be entitled to have such qualification
entered or change recorded in the register.

(4) Any person aggrieved by an order of the Registrar rejecting an application
under sub-section (3) may appeal in the manner prescribed by regulations to
the Council within ninety days from the date on which the order is
communicated to him.

(5) For the purpose of this sectio n, the Registrar may at any time enquire of a
registered veterinary practitioner by writing to him a registered letter at the
address which is entered in the register whether he has ceased to practise or
has changed his residence, and if no answer is recei ved within six months
after the delivery of the letter to him, the Registrar may remove the name of
such pracititioner from the register. Such inquiry shall be made at least once
not less than one year before the term of office of the members of the Counci l
is due to expire.

18. (1) On the expiry of a period of one year from the date of publication; of the
notice under sub -section (6) of section 14 and every five years thereafter,
every registered veterinary practitioner shall be liable to apply to the Registrar
and to pay to the Council the renewal fee prescribed by regulations for the
continuance of his name on the register.

(2) (a) If the renewal fee be paid on or before the due date, the Registrar
shall issue to the registered veterinary practitioner a renewal slip in
the form prescribed by rules specifying the date upto which the
validity of the certificate of registration has been extended.

(b) If the renewal fee be not paid by the due date, the Registrar shall
remove the name of the de faulting veterinary practitioner from the
register. On such removal, the certificate of registration issued to the
practitioner shall be deemed to have been cancelled :

Provided that the name so removed may be re -entered in the
register on payment of the outstanding renewal fees, and such
additional fee as may be prescribed by regulations. On receipt of such
fees the Registrar shall issue a renewal slip as provided in clause (a).

19. (1) At such time after the publication of the notice under sub -section (6) of
section 14 as the Council deems fit, and thereafter at the intervals prescribed
by regulations the Registrar shall cause to be printed and published a
periodical list of all persons for the time being entered in the register and shall
also publish such periodical list in the Official Gazette.

(2) Except in a year in which a periodical list is published under sub -section
(1), the Registrar shall cause to be printed and published a nnually on or
before the date prescribed by regulations an addendum and a corrigendum to
the .periodical list published under sub-section (1) showing: —

(a) the names of all persons for the time being entered or re-entered in
the register, and not include d in any subsisting periodical list already
printed and published; and

(b) the names of all veterinary practitioners included in any subsisting
periodical list, whose names have since been removed on account of
any reason whatsoever from and not re-entered in the register, and

Renewal fee.
Publication of
periodical list of
registered
veterinary
practitioners.
The Gujarat Veterinary Practitioners Act 1969
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(c) any other amendments to the subsisting periodical list.

(3) The form of the periodical list published under sub -section (1), the
particulars to be included therein, and the manner of its publication, shall be
such as may be prescribed by regulations.

(4) A copy of the periodical list shall be evidence in all courts, and in all
judicial or quasi -judicial proceedings, that the persons therein specified are
registered according to the provisions of this Act and the absence of the name
of any person from such copy shall be evidence, until the contrary, is proved,
that such person is not registered according to the provisions of this Act :

Provided that, in the case of any person whose name does not appear
in such copy, a certified copy under the hand of the Registrar of the entry of
the name of such person in the register shall be evidence that such person is
registered under this Act.

20. Fees paid under sections 14, 16, 17 and 18 shall not be refunded.

21. Notwithstanding anything contained in any law for the time being in force-

(i) any expression importing a person recognised by law as a veterinary
practitioner shall, in all Acts of the State Legislature in for ce in the State, and
in all Central Acts (in their application to the State) in so far as such Acts
relate to any matters specified in list II or III in the Seventh Schedule to the
Constitution of India include a veterinary practitioner whose name is enter ed
in the register under this Act;

(ii) any certificate, or prescription required by or under any law from any
veterinary practitioner shall be valid if such certificate or prescription has
been signed by a registered veterinary practitioner;

(iii) it shall be lawful for every registered veterinary practitioner, to use in full
after his name the words "Registered Veterinary Practitioner";

(iv) every registered veterinary practitioner shall be exempt, if he so desires,
from serving on an inquest;

(v) a r egistered veterinary practitioner shall be eligible to hold any
appointment as a veterinary physician, surgeon, or other veterinary officer in
any veterinary dispensary, hospital or infirmary supported by, or receiving a
grant from, the State Government or in any such public establishment, body
or institution dealing with the practice of veterinary science.

22. Every Registrar of Deaths on receiving notice of the death of a registered
veterinary practitioner shall forthwith transmit, by po st, to the Registrar, a certificate
under his own hand together with the particulars of the time and place of death and
may charge the cost of transmission of such certificate as an expense of his office.

23. No person shall, except with the sanction of the State Government, hold any
appointment for the performance of veterinary duties in any veterinary dispensary,
hospital or infirmary which is supported partially or wholly by public funds or is not
supported entirely by voluntary contributions or which belongs to a local authority or
in any public establishment, body or institution, unless be is registered under this Act.

24. (1) Save as otherwise expressly provided in any special law for the time being
in force, no person other than a veterinary practitioner whose name is entered
in the register maintained under this Act, shall practise any veterinary science
in the State :

Provided that the State Government may, by notification in the
No refund of fees.
Rights of registered
veterinary
practitioners.
Notice of death.
Unregistered
persons not to hold
certain
appointments.
Prohibition of
veterinary practice
by persons not
registered.
The Gujarat Veterinary Practitioners Act 1969
14 of 21
Official Gazette, direct that, subject to such conditions as it may deem fit to
impose and the payment of such fees as may be prescribed by rules, the
provisions of this section shall not apply to a ny class of persons, or to any
area, as may be specified in such notification.

(2) Any person who acts in contravention of the provisions of sub -section (1)
shall, on conviction, be punished-

(i) for the first offence with fine which may extend to two hu ndered
and fifty rupees; and

(ii) for the second or subsequent offence with fine which may extend
to five hundred rupees.

25. (1) Notwithstanding anything contained in any law for the time being in
force, any certificate required by any law to be signed or authenticated by a
duly qualified veterinary practitioner shall be valid only if it has been signed
or authenticated by a veterinary practitioner registered under this Act.

(2) No person other than a veterinary practitioner registered under this Act
shall be qualified to give evidence in any court of law as an expert under
section 45 of the Indian Evidence Act, 1872 on any matter relating to
veterinary science.

26. (1) No person shall add to his name any title, description, letters or
abbreviations which imply that he holds a degree, diploma, licence, or certi-
ficate or any other like award as his qualification to practise any system of
veterinary science unless,

(a) he actually holds such degree, diploma, licence or certificate or
any other like award, and

(b) such degree, diploma, licence or certif icate or any other like
award,

(i) is recognised by any law for the time being in force in
India or in any part thereof, or

(ii) has been conferred, granted or issued by a body or
institution referred to in the Schedule.

(2) Any person who contravenes t he provisions of sub -section (1) shall, sub-
ject to the provisions of any special law for the time being in force, be
punished, on conviction, with fine which may extend to three hundred rupees.

27. All offences under this Act shall be cognizable.

28. No suit, prosecution or other legal proceeding shall be instituted against any
person for anything which is in good faith done or intended to be done under this Act,
or under the rules or regulations made thereunder.

CHAPTER IV.
MISCELLANEOUS.

29. (1) The State Government may, by notification in the Official Gazette, and
subject to the condition of previous publication, make rules for carrying out
the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may be made-
Registesed
pactitioners
competent to give
valid certificates or
expert evidence.
I of 1872.
Prohibition against
addition of any title,
description etc., to
name of any person,
unless authorised to
do so.
Offences under Act
to be cognizable.
Indemnity to
persons acting
under the Act.
Rules.
The Gujarat Veterinary Practitioners Act 1969
15 of 21

(a) for the whole or any part of the State, and

(b) to provide for all or any of the matters expressly required or
allowed by this Act to be prescribed by rules,

(3) All rules made under this section shall be laid for not less than thirty days
before the State Legislature as soon as possible after they are made, and shall
be subject to rescission by the State Legislature or to such modificatio ns as
the State Legislature may make during the session in which they are so laid,
or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be
published in the Official Gazette and shall thereupon take effect.

30. (1) The Council may, with the previous sanction of the State Government,
make regulations not inconsistent with the provisions of this Act or the rules
made thereunder for the following matters, namely:-

(a) the manner in which the meetings of the Council shall be
convened, held and conducted under section 8;

(b) the fees and allowances which may be paid to the members of the
Council under section 10;

(c) the honoraria which may be paid by the Council to the officers of
the State Government for additional work done by them on its behalf
with the previous permission of the State Government;

(d) the conditions of service of the officers and servants appointed
under section 13;

(e) the fees which shall be payable by a person for having his name
entered in the register under sub -section ( 3) of section 14, or under
section 15 or for qualification entered or change recorded in the
register under sub-section (3) of section 17;

(f) the conditions and fees for re -entry of the name of a veterinary
practitioner in the register under sub-section (2) of section 16:

(g) the manner of preferring an appeal under sub -section (4) of
section 17

(h) the renewal fee or the additional fee for re -entry of name in the
register payable under section 18;

(i) the form of the periodical list, the particulars to be included therein
and the manner of its publication under sub-section (3) of section 19;

(j) the procedure to be followed in the conduct of inquiries by the
Council and in the filing and hearing of appeals made to it;

(k) any other matter which is to be, or may be, prescribed by
regulations.

(2) The State Government may, on receiving the draft regulations, sanction or
refuse to sanction them or sanction them subject to such modifications as it
may think fit, or return them to the Council for further consideration.

(3) All regulations, when sanctioned, shall be published in the Official
Gazette.
Regulations.
The Gujarat Veterinary Practitioners Act 1969
16 of 21

31. (1) The Council shall have prepared annually on or before such date, and in
such form and manner, as may be prescribed by rules in this behalf a budget
estimate of its income and expenditure for the next year.

(2) The Council shall as soon as may be after the said date consider the
budget estimate so prepared and approve the same with or without
modifications as it thinks fit.

(3) The Council may, if necessary at any time during the year for which a
budget estimate has been approved, cause a revised or supplementary budget
estimate to be prepared and shall consider it and get it approved in the same
manner as if it were an original annual budget estimate.

(4) Re-appropriation of funds in a budget estimate may be made from time to
time subject to the same approval as is required for the budget estimate.

32. A copy of every budget estimate and a statement of every reappropriation as
finally approved under section 31 shall be forwarded by the Council without delay to
the State Government. A copy of the annual budget estimate shall be so forwarded
not later than the 18th February every year.

33. (1) Accounts of the income and expenditure of the Council shall be kept in
such form and manner as may be prescribed by rules and shall be balanced
annually on the first day of April every year.

(2) The accounts of the Council shall be audited by a chartered accountant
every year and also on such other date, if any, as may be prescribed by rules.

(3) A copy of every audit report shall be furnished by the Council to the State
Government and to the Accountant General, Gujarat within one month from
the date on which the audit report is received by the Council.

34. (1) If at any time it appears to the State Government that the Council has
failed to exercise or has exceeded or abused any of the powers conferred upon
it by or under this Act, or has otherwise ceased to function, or has become
incapable of functioning, the State Governmen t may notify the particulars
thereof to the Council. If the Council fails to remedy such failure, excess or
abuse within such reasonable time as the State Government ma fix in this
behalf, the State Government may, after giving the Council an opportunity t o
render an explanation, dissolve the Council and cause all or any of the
powers, duties and functions of the Council to be exercised and performed by
such person or persons and for such period not exceeding one year as it may
think fit, and shall take steps to constitute a new Council, on the expiration of
such period.

(2) Notwithstanding anything contained in this Act, or in the rules or
regulations, if at any time, it appears to the State Government that the Council
or any other authority empowered to exercise any of the powers or to perform
any of the duties or functions under this Act, has not been validly constituted
or appointed, the State Government may cause any of such powers or
functions to be exercised or performed by such person or persons, in such
manner and for such period not exceeding six months and subject to such
conditions, as it thinks fit.

35. (1) If it appears to the State Government on the report of the Council or
otherwise that the courses of study and examin ations prescribed by any
university, body or institution conferring any degree, diploma, certificate or
any other like award not entered in the Schedule, are such as to secure the
possession by its racipient of the requisite knowledge and skill for the
efficient practice of the veterinary science, the State Government may from
Budget estimates of
Council and re-
appropriation of
funds.
Copy of budget
estimate to be
forwarded to State
Government.
Accounts and their
audit.
Control of State
Government.
Amendment of
Schedule.
The Gujarat Veterinary Practitioners Act 1969
17 of 21
time to time, by notification in the Official Gazette, amend the Schedule and
include therein such degree, diploma, certificate or, as the case may be,
award, subject to any conditions that may be specified in respect thereof.

(2) Any university, body or institution desirous of the inclusion in the
Schedule of any degree, diploma, certificate or award in veterinary science
conferred by it, may apply to the Council in the manner prescr ibed by the
rules. The Council shall submit its report thereon to the State Government
which may take such action thereon as it thinks fit.

(3) For the purpose of submitting its report under sub -section (2), the Council
shall have the authority to call on the governing body or authorities of the
university, body or, as the case may be, institution to which sub -section (2)
applies to furnish such reports, returns or other information as the Council
may require or to provide facilities to enable a member of the Council
appointed by the Council in this behalf to attend and be present at any of the
examinations held by such university, body or institution.

(4) If it apppars to the State Government on the report of the Council or
otherwise that the courses of s tudy or examinations prescribed by any
university, body or institution for any degree, diploma, certificate or award
entered in the Schedule under this section are not such at to secure the
maintenance of any adequate standard of proficiency for the practi ce of
veterinary science, it shall be lawful for the State Government at any time, by
notification in the Official Gazette, to remove any such degree, diploma,
certificate or, as the case may be, award from the Schedule:

Provided that, no such notificatio n shall be issued without consulting
the Council.

36. (1) Subject to the provisions of this Chapter, with effect on and from the date
on which the Council is constituted under sub -sec

Excerpt shown. Open the full act in Lexace.

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