The Haryana Veterinary Council Act, 1976 (37 of 1976)
Haryana · state statute
Open in Lexace · Ask the AI about this actHARYANA GOVTGA2. (EXTRA.), AUG. 4, 1976 1 5 1 (SRVN. 13, 1898 SAKA) PART I LEGIS LA TI V E DE PA RT ME NT Notification The 4th August, 1976 No. 47-Leg.176.—The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 27th July, 1976, and is hereby published for general information : Haryana Act No. 37 of 1976 THE HARYANA VETERINARY COUNCIL ACT, 1976 AN ACT to provide for the registration of veterinary practitioners in the State of Haryana and for matters connected therewith. BE it enacted by the Legislature of the State of Haryana in the Twenty- % eventhYear of the Republic of India as fo/tlows:- 1. (1) This Act may Sc called the Haryana Veterinary Council Act' Snort 1976 extent andc e +tvittne neeineat. (2) It, extends to the whole of the State of Haryana. (3) It shall come into force on such date as the State Government may, by notification, appoint. 2. in this Act, unless the context otherwise requires. - (a) "tikkuncil" means the Haryana Veterinary Council established under section 3; (b) "Director" means the Director of Animal Husbandry, Haryana.; (c) "Government" means the Government of the State of Haryana; (d) "hospital" means an institution where animals are treated b methods approved by the Council; (e) "member" means a member of the Council; ( 0 "prescribed" means prescribed by rules made under this Act; (g) "President" means the President of the Council: (h) "recognised veterinary qualifications" mean any of the veteri- nary degrees or diplomas specified in the Schedule; (i) "register" means a register of veterinary practitioners maintained under section 16; (i) "registered veterinary practitioner" means a veterinary practi- tioner registered under this Act; (k) "Registrar" means the Registrar appointed under section 1 4 : (1) "Schedule" means the Schedule appended to this Act. Definitions,. Est abiishment of Council, Constitution of Council. Nomination of ' members in de- fault of ejection. Publics t ion of names of mem- bers. 152 HARYANA GOVT GAZ. (EXTRA AUG. 4, 11976 (SRVN. 13, 1898 SAKA) MIN IMM IN F Ie .1,111 1 1 1 1 1 1 1 0 i i n 3. (1) With effect from such date as the Government may, by not; fication, appoint in this behalf, there shall be estabIkb,ed for carrying out the purposes of this Act a Council to be known as the thlryana Veteri- nary Council. (2) The Council shall be a body corporate with the name afore- said, having perpetual succession and a common seal, with power to ac- quire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue and be sued. 4. (1) The Council shall consist of the following members, n mtly (a) the Director, . . . . . . . . . . . . . . . . . .ex -officio member ; (b) the Principal of each veterinary college, ,ex -officio member; (c) one member to be elected by each faculty of veterinary science or faculty, by whatever name called, which deals with veterinary education in the university or universities in the State of Har- (d) yarta four members to bt elected by veterinary practitioners resid- ing in the State of Haryana and registered under this Act, or, in the case of the first election, qualified to be so registered ; (e) two members to be nominated by the Government from amongst the registered veterinary practitioners under this Act, or in the case of the first nomination, qualified to be so registered. (2) The Director shall be the President of the Council. 5. In the event of the requisite number of members not being elect - ed under clauses (e) and (d) of sub -section (1) of section 4, the Govern - ment may fill up the vacancy or vacancies by nominating *the required number of registered veterinary practitioners and a person Sc nominated shall be deemed to be a member duly elected. 6. The name of every person elected or nominated under section 4 or section 5 shall be published by the Government in the Official Gazette Leave of absence '1. The Council may permit a member to absent himself from the to members, meetings of the Council for a period not exceeding six months. Occurrence of casual vacancies. 8. (1) A member shall be deemed to have vacated his scat who— (a) fails to accept office within a period of thirty days of the date of his nomination or election ; or (b) is absent, without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council; or (c) is absent out of India for a period exceeding six consecutive months. (2) On the occurrence of a vacancy referred to in iub-sectio n (1), the President shall forthwith report the fact of such vacancy to the Gover n_ ment. HAR YANA GOVT GAZ. (EXTRA.), AUG. 4, 1976 • (SRVN. 13, 1898 SAKA) 9. If a member dies or resigns his membership, or ceases to be a member as provided in sub -section (1) of section 8, the vacancy shall be filled within a period of three months of the occurrence of vacancy by a fresh election or n.omination, as the case may be. 10. (/) The term of office of a member shall be five years from the date of his acceptance of office. 153 (2) A person ceasing to be a member by reason of the expiration of his term of office shall be eligible for re-election or re -nomination. 11. (1) No business shall be transacted at a meeting of the Council unless a quorum of five members is present. (2) In the absence of the President at a meeting, some other member, to be chosen from amongst the members present, shall act as President. (3) Save as otherwise provided in clause (b) of sub -section (1) of section 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 equality of votes, by the casting vote of the President, or, in his absence, of the member presiding at the meeting. • (4) No act or proceedings of the Council shall be deemed invalid merely by reason of a vacancy in the Council or of a defect in the election or nomina- tion of a person acting as a member. 12. (1) Subject to the provisions of this Act and the rules made there- under, the Council may make regulations in respect of— (a) the time and place at which meeting shall be held; (b) the issue of notices convening such meeting; and (c) the conduct of business thereat.• (2) Until such time as the regulations referred to in sub -section (1) have come into operation, it shall be lawful for the President to summon, by letter addressed to each member, a meeting of the Council at such time and place as to him shall seem expedient. 13. There shall be paid to the members such expenses as may from time to time be prescribed by regulations under clause (a) of sub -section (1) of section 35. 14. (1) The Council— (a) shall appoint a Registrar; (b) may grant leave to the Registrar and appoint a person to act in his place; (c) shall pay to the Registrar and to the person, if anY, appointed to act in his place, such salary and such allowances, if any, as the Council may determine from time to time: Provided that the appointment and the salary and allowances, if any, of the Registrar shall be subject to the previous sanction, of the Government. Filling of casual vacancies. Term of office of members, Quorum and voting, Regulations as to meetings. Payment of ex- penses to mem- bers. . Appointment of Registrar and otheremployees. 134 HARYANA GOVT GAZ. (EXTRA.), AUG. 4, 1976 (SRVN. 13, 1898 SAKA) Punishment and dismissal of employetx, Orders by Coun- cil for osainte- =lice of regis- ter, Registrar's func- tions in respect of register. Parsons entitled to be registered. I N O M • W W W w. . . s. m n,0 1 • (2) The Council may appoint such other employees as it may consider necessary for the purposes of this Act, and shall pay them such salary ant such allowances, if any, as the Council mly determine. (3) The Registrar or the person appointed to act in his place shall act as Secretary to the Council. (4) Every person appointed under sub -section (1) or sub -section (2) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. 15. (1) The Council may punish or dismiss a person appinted under sub -section (1) or sub -section (2) of section 14 after he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Provided that (a) previous sanction of the Government shall be necessary in the case of a person appointed under sub -section (1) of section 14; (h) a person appointed under sub -section (2) of section 14 shall have a right of appeal to the Government against an order under this section within a period of thirty days from the date of the cotn- munication of the order to him. (2) The power to punish conferred by sub -section t /i shall be deemed to include the power to suspend an employee. (3) The power to dismiss conferred by sub -section (1), shall be deemed to include the power to suspend any employee against whom the power of dismissal might be exercised, pending inquiry into his conduct. 16. (1) The Council shall, as soon as convenient after the commence- ment of this Act, and from time to time as occasion may require, make orders for regulating the maintenance of the register of veterinary practitioners. (2) The register shall be kept in such form as may be prescribed. 17. The Registrar shall keep the register of veterinary practitioners in accordance with the provisions of this Act and of any orders mad e by the Council and shall from time to time make all necessary alterations in the regis- tered addresses or appointments, and the registered qualifications entered therein or titles, of the practitioners entered therein, and erase the names of any practitioners who have died. 18. (1) Every person holding any of the qualifications referred to in the Schedule and every person for the time being registered under any Act for the registration of veterinary practitioners in force in any other State in India, if reciprocity of registration has been arranged with the authority administering such Act, shall, subject to the provisions hereinafter contained and on payment of such fees as may be fixed in that behalf by regulations made under clause (b) of sub -section (3) of section 34, be entitled to have his name entered in the register of veterinary practitioners : Provided that the Registrar shall refer to the Council an application for entry in the register from a person in respect of whom he considers that the Council may wish to proceed under sub -section (1) of ,;eetion 25 : HARYANA GOVT GAZ. (EXTRA.), AUG, 4, 1976 I 5 • • (SRVN ,. 13, IS98 SAKA) Piovided further tkat the Registrar, if so directed by the Council, shall refuse to register the name of any person notm;.thstartii.e.gthz fact that he is in 0o:session of veterinary degree or dipinnu reeognised id included in the Schedule. (2) The Government may, from time to time, by notification , amend the. Schedule. 19. The Council shall have power to .call on the governing body or authorities of a veterinary college or school, Included in or desirous of being included in the Schedule- - (a) to Curnigh such reports, returns or other information as the Council may require to enable it to judge the efficiency of the instruction given therein ; and (b) to provide facilities to enable a member deputed by the Council in this behalf to be. present at the exnatinadon held by such college or school. 20. Every person who applies to have his narce cnieied inthe register—. (a) must satisfy the Registrar that he is in possession of recognised veterinary qualifications ; • (b) must inform the Registrar of the dates on which he obtained the. title or qualifications which entitled him. to claim registration under this Act ; and (e) give the Registrar any information which he reasona.bly may re- quire for the purpose of discharging his duties under this Act. 21. If a person whoJe name is entered in the regiiter obtains any title or qualifications other than the title or qualifications in respect of which he has been registered, he shall, on payment of such fees as may be fixed in this behalf by regulation made undzr dame (b) of sub -section (/) of section 35, be entitled to have an entry stating such other title or qualifications made against his tame in the register, either in the sttbstite.ition for, r in addition to, any entry previonsly made. 22. All fees received by the Council under this Act shall, in the manner prescribed, be applied for the purposes of this Act. 23. If a person is dissatisfied with a decision of the Registrar, refusing to enter any title or qualification of such person in the register, he may, at any time within a period of threemonths from the date oisttch decision, appeal to the Council. 24. Any entry in the register which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made, may Lc eraged wider an order in writing of the Council, after notice has been given to the person concerned and his objections. if any, have been considered. 25. (1) The Comcil may upon reference 'from the Registrar or wise prohibitprohibit the entry in, or order the removal from, the register of the name of any veterinary practitioner - (a) who has been sentenced by a criminal court o r a court martial to imprisonment for an offence indicating in the opinion of the Council such a defect in character as would render the entry or continuance of his name in the register undesirable ; or Power of Court. cil to eat for information from veterinary college or school. inform ation.re- quired of appli . cant for regis- tration. Entry of new title and quail.. fientions in register. DisDosal of fees. Appeal to Coun- cil from decision of Registrar. Erasure of frau- dulent and incorrect entries. Power of Coun- cil to prohibit entry in or to direct removal from register, etc, 56 HARYANA c . ,:roT oAz. (EXTRA h AUG. 4, 1976 (SRITN. 13, 189s SAKA) • Appeal to Gov- crearem from decision of Cotiocil• }Jar w sults and other legal pro- oeedings. Notice of deaths and orasurt of names from register. Penaltyon wire- girared person representing that he isIt ZjS" W iled . Proceedings in inquiries and appeals. (6) whom the Council after inquiry (at which an opportunity has been given to him to be heard in hi s defence and to appear either in person or by counsel, vakii, pleader or attorney, and which may at the discretion of the Council, be held in camera) has found guilty by a majority of two-thirds of the members present and voting at the !meting, of infamous conduct in any professional respect. (2) Nothing in sub -section (I) shall be deemed v...1 justify the exclusion or removal from the register of the name of any vetei•in,ary practitioner on the ground of his adoption of a theory or veterinary inedieine or surgery not. In accordance with the accepted view for the time being or of his association with an unregistered practitioner ; so tong as the unregistered pre,ctitoner-- (a) is la possession of one of the qualifications specified in. the Schedule; (6) is not a person whose name it hag reason to believe has been ex- cluded or removed from th e register by the Co.utci t t d r s u b - section (0 or would be so excluded if application for registration thereof were made. (3) The Council may direct that the name of any person. against -whom an order has been made itnder sub•section (1) shall be entered or re-entered, as the case may be. 26. (lj An appeal haL tit to the Government flora every decision of the Council under section. 23 or section 25. (2) Every appeal under sub -section (1) shall be p:e fared within a period of three months from the date .of suh decision. 27. No suit or other legal proceeding's )ha ll lie in respect of any act done in the exerOise of power conferred by this Act on the Government or the Council or any of its members or office -bearers. 28. (I) Every Registrar of Deaths who receives notice of the death of a person. whose name he knows to be entered in the register shall forthwith transmit by post to the Registrar of the Council a certificate of such death, z,gried by him and stating particulars of the time and place of death, (2) On receipt orsuch certificate, or other ieliable information 're- garding death the Registrer siva era Retie name. j. the deteased person from the register. (3) Every person registered under this Act shad be exempt, if he so desires, from serving on any inquest. 29. If a person whose name is not entered in the register falsely pre- tends that it is s o entered or uses in connection with his name or title any words or letters cepresetiting that his wale is so entered, he hall, whether any pe:son is actually deceived by such representation or not, be punishabl. , on conviction 133, a Magistrate of the first class, with fine which may extend to three hundred r upees, 30. For the purpose of any inquiry held under section 25, or of any appeal under .tetl'An. 2, the Couacil shall be deemed. to be a court within the meaning &the Indian gvidence Act, 1872, and shah i exercise the powers of a Costunissioner appoin.ted utder the Public Servants (Inquiries) Act, 1850, HARYANA GOVT GAZ., (EXTRA.), AUG. 4, 19/6 157 (SRVN. 13, 1898 SAKA) andeverysuch inquir y and appeal shall be conducted, as far as may he, in accor- dance with the provisions of section 5 and sections 8to 10 of the Public Servants (Inquiries) Act, 1850. 31. No person other than a registered veterinary practitioner shallbe com petent to hold an appointmentas a veterinary physician, surgeon or other veterinary officer in any hospital which is supported partially orwholly by public funds, or in any public establishment,body or institution or as a veterinary officer under a local authority unless he isregistered under this Act. 32. (1) No certificate requir ed.by any Act from any ver ter inary practitioner or veterinary officer shallbe valid unless the person signing the certificateis registered under this Act. (2) No prescription by a veterinary practitioner or veterinary officer shall be dispensed by chemists unless the ?ersori prescribing the prescription is register edunder this Act. (3) No person shall be qualified tq, give .evidence as anexpert under section 45 of the Indian Evidence Act,1872, on any matter relating to veterinary science unless the said person isregister ed under this Act. 33. (1) The Registr arshall once in every five years, on or before a date to be fixed hi this behalf by the Council, cause to be printed and published a correct list of the names for the time being entered in the registersetting forth— (a) all names entered in the register arrangedin alphabeticalorder according to the surnames; (b) the r egisteredaddress or appointment °teach person whose name is entered in the register;and (c) the retistered titles and qualifications of each such person, andthe date on which each such title was granted or each such qualification was certified. (2) The Registrarshall also cause to be printed and published an annual supplement in January every year showing therein the corrections madeupto the 31st December preceding, the list of names enteredin the register, last published. (3) Every court shall presume that a person whose nam e is enteredin the latest of suchlists is duly registered under this Act, and that a person whose name is not so entered is not registered under this Act: Provided that, in the case of any person whose name does not appear in such list , a certified copy signed by the Registrar of the entry of thename of such person in the register shall beevidence that such person is registered under this Act. 34. (1) The Government may, after previous publication,make rules for carrying out the purposes of thisAct. (2) In particular, and without prejudice to the generality ofthe fore- going power, such rules may provide for ailor any of the following matters, nam ely (a) to regulate elections under this Act; (b) to prescribe the form of the register; Reservation of cer tain appoint. ments to regis- tered veterinary pr actitioner s. Qualified prati- tioners' cer tifi- cates, etc. Publication of, and presump- tionas to,entries in list. Power to make rules. 158 HARYANA GOVT GAZ. (EXTRA.), AUG. 4, 1916 (SRVN. 13,1898 SAKA) (e) to regulate the application of fees; (d) to regulate the procedure to be followed by the Council for- (1) conducting any inquiry under section 25; and (ii) disposing of appeals from the decision of the Registrar pre- ferred under section 23. (3) Every rule made under this section shall be laid a s soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before tbe expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modificatioi in the rule or the House agrees that the rule should not be made, the rule sha,11 thereafter have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modification or annubncnt shall be witInut prejudice to the validity of anything previously done under that rule. Power to make 35. (1) In addition to the power conferred by section 12, the Council regulations. may, with the previous sanction of the Government, make regulations (a) to prescribe the expenses payable to the members; (b) to prescribe the fees chargeable in respect of any registration under this Act; • (e) to regulate the keeping of accounts ; and (d) to prescribe conditions of service of persons appointed under sec- tion 14. (2) All such regutation5 shall be published in the Official Gazette. C 4?ntrolof Coun- 36. If at any time it appears to the Government that the Council has al by Govern- failed to exercise or has exceeded or abused a power conferred upon it under meat. this Act, or has failed to perform a duty imposed upon it under this Act, the Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council ; and if the Council fails to remedy such default, excess or abuse within such time as may be fixed by the Government in this behalf, it may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such agency and for such period as it may think fit: Provided that it shall take steps as soon as may be convenient to cons ti- tute a new Council under section 4. HARYANA GOVT GAZ. (EXTRA.), AUG. 4, 1976 159 • (SRVN. 13, 1898 SAKA) • SCHEDULE (See sections 2, 18 and 19) Recognised Veterinary Qualifications Part 1.—Recognised Veterinary degrees and diplomas granted by Insti- tutions in India : — 1 Serial Institution Qualifications Abbreviations for No. registration I Agra University .. Bachelor of Veterinary B.V.Sc. & A.H. Science and Animal Hus- bandry 2 Andhra University Bachelor of Veterinary B.V.Sc. & A.H. Sciegce and Animal Hus- bandry 3 Bihar University.. Bachelor of Veterinary B.V.Sc. & A.H. Science and Animal Hus- bandry 4 Bombay University Bachelor of Science B.Sc. (Vet) (Veterinary) 5 Calcutta University Bachelor of Veterinary B.V.Sc. Science • 6 Gauhati University Bachelor of Veterinary B.V.Sc. & A.H. Science and Animal Husbandry 7 Kerala University Bachelor of Veterinary B.V.Sc. Science 8 Madras University Bachelor of Veterinary B.V.Sc. Science 9 Osmania University Bachelor of Veterinary B.V.Sc. Science 10 Partjab University Bachelor of Veterinary B.V.Sc. & A. H. Science and Animal Hus- bandry 11 Rajasthan University Bachelor of Veterinary B.V.Sc. & A.H. Science and Animal Husbandry 12 Sagar University Bachelor of Veterinary B.V.Se. Science 160 HARYANA GOVT (EXTR A.), AUG. 4, 1976 .4on (SRVN. 13, 1898 SAKA)• • Serial Institution No. Qualifications Abbreviations for registration 13 Utkal University Bachelor of Veterinary B.V.Sc. & A. H. Science and Animal Husbandry 14 Vikram University Bachelor of Veterinary B.V.Sc. & A.H. Science and Animal Husbandry 15 Assam Veterinary Graduate in Veterinary G.V.Sc. College Science 16 Bengal Veterinary (i) Graduate of Bengal G.B.V.C. College Veterinary College (ii) Graduate in Veterinary Science 17 Bihar Veterinary Graduate sof Bihar Vetcri- G.B.V.C. College nary College 18 Bombay Veterinary Graduate of Bombay G.M.V.C. College Veterinary College 19 Madras Veterinary Graduate of Madras Veteri- G.M.V.C. College nary College 20 Punjab Veterinary (i) Licensed Veterinary College (Lahore) Practitioner (ii) Graduate of Punjab G.P.V.C. • Veterinary College 21 Haryana Agricultur- Bachelor of Veterinary B.V.Sc. & A.H. al University Science and Animal Hus- bandry Bachelor of Veterinary & A.Sc. Science and Animal Science • •• • Part II. --Recognised Veterinary Qualifications granted by institutions out side India :— • • • • Serial Country Qualifications Abbreviations for No. registration • I United Kingdom.. Members of the Royal Col- M.R.C.V.S. Iege of Veterinary Surgeons • • • • . I J. M. TANDON, Secretary to Government, Haryana, Legi&ative Depar tment.
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