LexThe Himachal Pradesh Para-veterinary Council Act, 2010
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT,
2010
ARRANGEMENT OF SECTIONS
Sections:
1. Short title.
2. Definitions.
3. Establishment of Council.
4. Constitution of Council.
5. Disqualifications for membership.
6. Term of office of Non-official members of the Council.
7. Resignation by non-official member.
8. Disabilities for continuing as the member of the Council.
9. Filling of Casual Vacancies.
10. Convening of meeting.
11. Decision of questions by majority of votes.
12. Minutes of proceedings.
13. Vacancies etc. not to invalidate proceedings.
14. Proceedings of meeting to be valid.
15. Allowances of the non-official members of the Council.
16. Power of Council to invite any person having knowledge or
experience in Para-veterinary medicine.
17. Appointment of Committee.
18. Power and functions of the Council.
19. Permission for establishment of new Para-veterinary Institution.
20. Non-recogniation of Para-veterinary qualification in certain
cases.
21. Time for seeking permission for certain existing Para-veterinary
Institutions.
22. Recognition of Para-veterinary qualifications granted by certain
Para-veterinary institutions whose qualifications are not
included to the Schedule.
2 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
23. Power to require information as to courses of study and
examinations.
24. Inspection of Para-veterinary institution.
25. Withdrawal of recognition.
26. Minimum standards of Para-veterinary education.
27. Registration of Para-veterinary establishments.
28. Application for registration.
29. Cancellation of registration.
30. Minimum standards of Para-veterinary establishment.
31. Inspection of Para-veterinary establishment.
32. Registrar and other officers and servants of the Council.
33. Duties of Registrar.
34. Funds of Council.
35. Objects to which fund of the Council shall be applied.
36. Accounts and Audit.
37. Budget.
38. Registration renewal and State Register.
39. Prohibition of collection of capitation fee, donation etc.
40. Power of council to prohibit entry to or to order removal from
State Register.
41. Alteration of State Register.
42. Procedure in inquires.
43. Appeal against the order of the Council.
44. Prohibition on practice except as provided in this Act.
45. Prohibition of awarding degree in certain cases.
46. Offences and penalties.
47. Penalty for contravention of sections 19, 20, 21, 27 or 39.
48. Offences by companies.
49. Punishment for dishonest use of certificate.
50. Information to be furnished by the Council.
51. Cognizance of offence.
52. Control by State Government.
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 3
53. Power to make rules.
54. Power to make regulations.
Schedule.
__________
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT,
2010
(Act No. 16 of 2011)1
(Received the assent of the Governor on the 31st January, 2011 and
was published in the Rajpatra, Himachal Pradesh both in Hindi and English on
5th February, 2011, pp. 8733-8772).
An Act to provide for the establishment of Para-veterinary Council in the
State of the Himachal Pradesh and to regulate the practice by
Para-veterinarians and Para-veterinary institutions.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixty-first Year of the Republic of India, as follows:-
1. Short title.- This Act may be called the Himachal Pradesh Para-
veterinary Council Act, 2010.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “approved institution” means a State Level Veterinary
Hospital, Disease Investigation Laboratories, Veterinary
Polyclinic, Veterinary Hospital, Veterinary Dispensary,
Livestock and Poultry Farms or other such institution
recognized by a University as an institution in which a person
may undergo the training, if any, required by his course of
study before the award of any Para-veterinary qualification to
him;
(b) “Council” means Para-veterinary Council established under
section 3 of this Act;
(c) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(d) “Para-clinical establishment” means a place catering to
pathological, bacteriological, radiological, biological
investigations or other diagnostic serviceswith the aid and
assistance of devices and equipments, established as an
independent entity or part of an establishment such as a
hospital, polyclinic, dispensary, special camps where, infirm,
1. Passed in Hindi by the Himachal Pradesh VidhanSabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh dated, 16th December, 2010, pp.
7304 and 7334.
4 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
injured or disabled animals are brought for treatment,
observation or care or seen as outpatient;
(e) “Para-veterinarian” means any personnel qualified in Para-
veterinary subject andwho helps in practice of veterinary
medicine and designated as Veterinary Pharmacist, Animal
Husbandry Assistant (AHA) or Chief Veterinary Pharmacist;
(f) “institution” means any institution, within or outside India,
which grants degrees, diplomas, certificates or licence in
Para-veterinary;
(g) “Para-veterinary qualification” means the qualification
relating to Para-veterinaryeducation, mentioned in the
Schedule appended to this Act;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “President” means the President of the Council;
(j) “recognized Para-veterinary qualifications” means a degree,
diploma or certificatein any Para-veterinary qualifications,
granted by any University established bylaw or any other
institution recognized by the State Government in this behalf;
(k) “registered Para-veterinary practitioner” means a person
registered as such undersection 38 of this Act;
(l) “Registrar” means the Registrar appointed by the Council
under section 32 of thisAct;
(m) “Schedule” means Schedule appended to this Act;
(n) “State Government” means Government of Himachal
Pradesh; and
(o) “State Register” means a register maintained under this Act
and expression“registered” and “registration” shall be
construed accordingly.
3. Establishment of Council.- (1) The State Government shall, as
soon as may be, establish, by notification published in the Official Gazette, a
Para-veterinary Council with effectfrom such date, as may be specified
therein.
(2) The Council shall be a body corporate by the name of the
Himachal Pradesh Para-veterinaryCouncil, and shall have perpetual
succession and a common seal, with power to acquire, hold and dispose of
property both movable and immovable and to contract and to do all other
things necessary for the purpose of this Act and may by the said name sue and
be sued.
4. Constitution of Council.- (1) The Council shall consist of the
following members, namely:-
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 5
(i) EX-OFFICIO MEMBERS:
(a)
Director, Animal Husbandry,
Himachal Pradesh
-President;
(b)
Dean, G. C. Negi, College of
Veterinary and Animal Sciences,
Palampur
-Vice-
President;
(c)
Deputy Director, Epidemiology, State
Level Veterinary Hospital, Shimla
-Member;
(d)
Heads of Department of Medicine,
G.C. Negi, College of Veterinary and
Animal Sciences, Palampur
-Member;
and
(e)
Professor and Heads of Department
of Microbiology, Bio-Chemistry,
Pathology, Surgery and Radiology.
-Members;
(ii) NON-OFFICIAL MEMBERS:
Five elected members of the registered Para-veterinary
practitioners to be electedfrom amongst themselves in such
manner, as may be prescribed by regulations:
Provided that in case of constitution of the Council for
the first time after the commencement of this Act, the
members of this category shall be nominated by theState
Government till the assumption of office by the elected
members.
(iii) Registrar shall be the Secretary of the Council.
(2) No person shall at the same time serve as a member in more than
one capacity.
5. Disqualifications for membership.- A person shall be disqualified
for being a nonofficialmember if-
(a) he is not a citizen of India; or
(b) he is an un discharged insolvent; or
(c) he is of unsound mind and stands so declared by a competent
court; or
(d) he has been sentenced for an offence involving moral
turpitude; or
(e) he is an employee of the Council and is remunerated by salary
or honorarium; or
(f) his name has been removed from the State Register, or from
the register of registered Veterinary or Para-veterinary
practitioner maintained under any law for the time being in
force.
6 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
6. Term of office of non-official members of the Council.- (1) Save
as otherwise provided in this Act, non-official members shall hold office for a
term of three years from the dateof first meeting of the Council.
(2) Notwithstanding the expiration of the term specified under sub-
section (1), an outgoing member shall continue in office until a new member
is nominated or elected, as the case may be,and assumes office.
7. Resignation by non-official member.- Non-official member may
resign from his office by a letter addressed to the President and the resignation
shall take effect from the date ofacceptance of his resignation by the
President.
8. Disabilities for continuing as the member of the Council.- (1) If
any non-official member during the period of his office,-
(a) absent himself from three consecutive meetings of the
Council without the permission of the Council; or
(b) remained abroad for a period exceeding twelve consecutive
months; or
(c) becomes subject to any of the disqualifications specified in
section 5; or
(d) ceases to be registered Para-veterinary practitioner under any
law, for the time being inforce, the Council shall declare his
office as vacant:Provided that no declaration shall be made
under this sub-section unless a reasonable opportunity of
being heard is given to the concerned member of the Council.
(2) Any non-official member aggrieved by a declaration under sub-
section
(1) may prefer an appeal to the State Government within ninety days
from the date of such declaration and the decision of the State Government
thereon shall be final.
9. Filling of casual vacancies.- If a non-official member dies or
resigns, or otherwiseceases to be a member, the vacancy shall be filled, as
soon as may be, by election, and the personso elected shall hold office for the
unexpired term of office of the member in whose place hebecomes a member.
10. Convening of meeting.- (1) The Council shall meet on such time,
date and place, as the President may fix.
(2) The President may, whenever he thinks fit, call a special meeting,
and shall be bound to do so within two weeks of the receipt of written
requisition, signed by not less than eight members of the Council.
(3) The notice of every meeting specifying the time and place thereof
and the business tobe transacted thereat, shall be dispatched to every member
fifteen clear days before an ordinary meeting and seven clear days before a
special meeting.
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 7
(4) No business other than that specified in the notice relating thereto,
shall be transacted at a meeting, except with the permission of the chair.
(5) Every meeting shall be presided over by the President and in his
absence by the Vice-President and in the absence of both by any other
member chosen by the members present.
(6) Any meeting of the Council may, with the consent of the majority
of the members ofthe Council present, be adjourned from time to time, to a
later hour on the same day or to any other date, but no business other than left
over at the adjourned meeting shall be transacted at such meeting. A notice of
adjournment affixed in the office of the Council or at the place of meeting,
onthe day on which the meeting is adjourned, shall be deemed sufficient
notice of the next ensuing meeting.
(7) The quorum for a meeting of the Council shall be one-third of the
total number ofmembers of the Council.
(8) If any time in a meeting there is no quorum, the presiding
authority shall adjourn it to such time or date as it thinks fit and the business
set down for the meeting shall be transacted at the subsequent meeting,
whether at such meeting there is a quorum or not.
(9) No business other than the business fixed for the meeting shall be
transacted at such subsequent meeting.
(10) A notice of adjournment shall be affixed in the office of the
Council or at the place ofmeeting on the day on which the meeting is
adjourned.
11. Decision of questions by majority of votes.- Save as otherwise
provided in this Act,all questions brought before any meeting of the Council,
shall be decided by a majority of votes ofthe members present and in case
votes being equal the presiding authority at the meeting shall havea second or
casting vote.
12. Minutes of proceedings.- (1) The minutes of proceedings of each
meeting of the Council shall be recorded in a book to be kept for the purpose
and the names of the members of the Council present thereat shall be entered
in the minute book and shall be signed in confirmation by the presiding
authority in the same or next meeting.
(2) A copy of the minutes of proceedings of each meeting of the
Council shall be forwarded to the State Government within ten days from the
date of confirmation.
13. Vacancies etc. not to invalidate proceedings.- No act or
proceedings of the Council shall be invalid merely by reason of-
(a) any vacancy therein, or any defect in the constitution thereof;
or
(b) any defect in the election or nomination of a person as a
member thereof; or
8 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
(c) any irregularity in its procedure not affecting merits of the
case.
14. Proceedings of meeting to be valid.- Until the contrary is
proved, every meeting ofthe Council shall be deemed to have been duly
convened when the minutes of the meeting havebeen signed in accordance
with the provisions of this Act.
15. Allowances of the non-official members.- The non-official
members shall receive such traveling and other allowances, as may be
prescribed by regulations.
16. Power of Council to invite any person having knowledge or
experience in Para-veterinary medicine.- (1) The Council may, if it thinks
necessary, invite any person having special knowledge or experience in Para-
veterinary medicine to its meeting, to hear his views on the subject and such
person shall have right to take part in the discussion on the subject but shall
not have the right to vote in the meeting of the Council.
(2) The invitee shall be entitled to receive such allowances as are
admissible to the nonofficialmember.
17. Appointment of committee.- (1) The Council may appoint, from
time to time and forsuch period, a committee consisting of such number of its
members as it may think fit, and may refer to such committee for enquiry and
report or for opinion any matter under this Act.
(2) The committee appointed under sub-section (1), shall, at its first
meeting elect one ofits members to be its Chairman.
(3) The mode of appointment of such committee, the summoning and
holding of meetings and the conduct of business of such committee shall be
such as may be prescribed by regulations.
18. Powers and functions of the Council.- (1) Subject to the
provisions of this Act and the rules made thereunder, the Council shall
exercise such powers and perform such functions as may be necessary for
carrying out the purposes of this Act.8760
(2) In particular and without prejudice to the generality of the
foregoing provisions, the powers and functions of the Council shall be-
(a) to maintain the State Register of Para-veterinary practitioners;
(b) to hear and decide appeals from the decision of the registrar
in such manner, as maybe prescribed by regulations;
(c) to prescribe by regulations a code of ethics for regulating the
professional conduct of registered Para-veterinary
practitioners;
(d) to reprimand a registered Para-veterinary practitioner, or to
suspend or remove thename from the State Registrar, or to
take such other disciplinary action against him, as may, in the
opinion of the Council, be necessary or expedient;
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 9
(e) to permit any member to be absent from three consecutive
meetings of the Council;
(f) to promote innovations, research and development in
establishment of new Para-veterinary subjects;
(g) to formulate schemes for promoting Para-veterinary
education;
(h) to promote an effective link between Para-veterinary
Education, Veterinary Educationand Veterinary System of
Medicine and to promote research and development in
thesesubjects;
(i) to lay down norms and standards for courses, curricula,
physical and instructionalfacilities, staff pattern, staff
qualifications, quality instructions, assessment,examination
and continuing veterinary education;
(j) to fix norms and guidelines for charging tuition and other
fees;
(k) to advise the State Government in respect of grant of charter
to any Para-veterinary body or institution in the field of
veterinary education;
(l) to provide guidelines for admission of student of Para-
veterinary institution andUniversities imparting Para-
veterinary education;
(m) to inspect or cause to be inspected any Para-veterinary
institution;
(n) to constitute or authorize a Board for conducting the
examination and to maintainuniformity of standard;
(o) to register Para-veterinary establishments;
(p) to prescribe minimum standards for the establishment of
Para-veterinaryestablishments;
(q) to perform such other functions, as may be prescribed; and
(r) to conduct the election of members under item (ii) of sub-
section (1) of section 4.
19. Permission for establishment of new Para-veterinary
institution.- (1)Notwithstanding anything contained in this Act,-
(a) no person shall establish a Para-veterinary institution; and
(b) no Para-veterinary institution shall-
(i) open a new or higher course of study or training which
would enable astudent of such course or training to
qualify himself for the award of any recognized Para-
veterinary qualification; or
10 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
(ii) increase its admission capacity in any course of study or
training, except with the previous permission of the State
Government obtained in accordance with the provisions
of this section.
Explanation.- For the purposes of this section, the expression
“person” includes any University or a Trust but does not
include the State Government.
(2) Every person or Para-veterinary institution shall, for the purpose
of obtaining permission under sub-section (1), submit to the Council a scheme
in accordance with the provisions of sub-section (3).
(3) The scheme referred to in sub-section (2) shall be in such form,
containing suchparticulars, preferred in such manner and accompanied with
such fee, as may be prescribed.
(4) On receipt of a scheme by the Council under sub-section (2), the
Council may obtain such other particulars as may be considered necessary by
it from the person or the Para-veterinary institution concerned and thereafter,
it may-
(a) if the scheme is defective and does not contain any necessary
particulars, give areasonable opportunity to the person or
institution concerned for making a written representation and
it shall be open to such person or Para-veterinary institution
to rectify the defects, if any, specified by the Council; and
(b) consider the scheme, having regard to the factors referred to
in sub-section (8), andsubmit the scheme together with its
recommendation thereon to the State Government.
(5) The State Government may, after considering the scheme and the
recommendations of the Council under sub-section
(4) and after obtaining, where necessary, such other particulars asmay
be considered necessary by it from the person or institution concerned, and
having regard tothe factor referred to in sub- section (1), either approve with
such conditions, if any, as it may consider necessary or disapprove the scheme
and any such approval shall be a permission under sub-section(1):
Provided that no scheme shall be disapproved by the State
Government, except after giving the person or institution concerned a
reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any
person or Para-veterinary institution whose scheme has not been approved by
the State Government to submit a fresh scheme and the provisions of this
section shall apply to such scheme as if such scheme has been submittedfor
the first time under sub-section (2).
(6) Where, within a period of one year from the date of submission of
the scheme to theCouncil under sub-section (2), no order passed by the State
Government has been communicated tothe person or institution submitting the
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 11
scheme, such scheme shall be deemed to have been approved by the State
Government in the form in which it had been submitted to the Council and
accordingly, the permission of the State Government required under sub-
section (1) shall also bedeemed to have been granted.
(7) In computing the time limit specified in sub-section (6), the time
taken by the person orinstitution concerned submitting the scheme in
furnishing any particular called for by the Council, or State Government, shall
be excluded.
(8) The Council, while making its recommendations under clause (b)
of sub-section (4)and the State Government while passing an order, either
approving or disapproving the schemeunder sub-section(5), shall have due
regard to the following factors, namely :-
(a) whether the proposed Para-veterinary institution or the
existing Para-veterinary institution seeking to open a new or
higher course of study or training, shall be in aposition to
offer the minimum standards of Para-veterinary education as
prescribed by the Council under section 26 of this Act;
(b) whether the person seeking to establish a Para-veterinary
institution or the existingPara-veterinary institution seeking to
open a new or higher course of study or trainingor to increase
its admission capacity has adequate financial resources;
(c) whether necessary facilities in respect of staff, equipment,
training and other facilitiesto ensure proper functioning of the
Para-veterinary institution or conducting the newcourse of
study or training or accommodating the increased admission
capacity havebeen provided or would be provided within the
time limit specified in the scheme;
(d) whether adequate veterinary hospital facilities, having regard
to the number of studentslikely to attend such Para-veterinary
institution or course of study or training or as aresult of the
increased admission capacity, have been provided or shall be
provided within the time-limit specified in the scheme;
(e) whether any arrangement has been made or programme
drawn to impart propertraining to students likely to attend
such Para-veterinary institution or course of studyor training
by persons having the recognized Para-veterinary
qualifications;
(f) the requirement of manpower in the field of practice of
Veterinary medicine; and
(g) any other factors as may be prescribed.
(9) Where the State Government passes an order either approving or
disapproving ascheme under this section a copy of the order shall be
communicated to the persons or Para-veterinary institution concerned.
12 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
20. Non-recognisation of Para-veterinary qualification in certain
cases.- Where any Para-veterinary institution is established or any institution
opens a new or higher course of study inPara-veterinary or increases its
admission capacity without the previous permission of the State Government
in contravention of the provision of this Act, Para-veterinary qualification so
given toany student by such Para-veterinary institution, shall not be
recognized Para-veterinaryqualification for the purpose of this Act.
21. Time for seeking permission for certain existing Para-
veterinary institutions.- If any person has established a Para-veterinary
institution or any Para-veterinary institution hasopened a new or higher course
of study or training or increases the admission capacity, such personor Para-
veterinary institution, as the case may be, shall seek within a period of one
year from thecommencement of this Act, the permission of State Government
under the provisions of this Act.
22. Recognition of Para-veterinary qualifications granted by
certain Para-veterinaryinstitutions whose qualifications are not included
to the Schedule.- Any Para-veterinary institution in India, which desires a
para-veterinary qualification granted by it, to be included in the Schedule,
may apply to the State Government with such application fee as may be fixed
by regulations to have such qualification recognized and the State
Government, after consulting theCouncil, may by notification in the Official
Gazette, amend the Schedule as to include such qualification therein, and any
such notification may also direct that an entry shall be made in the last column
of Schedule against such Para-veterinary qualification declaring that it shall
be are cognized Para-veterinary qualification only when granted after
specified date.
23. Power to require information as to courses of study and
examinations.- Every University or Para-veterinary institution in India which
grants a recognized Para-veterinary qualification, shall furnish such
information as the Council may, from time to time, require as to the courses of
study and examinations to be undergone in order to obtain such qualification
as to the age at which such courses of study and examinations are required to
be undergone and suchqualifications conferred and generally as to the
requisite for obtaining such qualification.
24. Inspection of Para-veterinary institution.- The Council shall
cause all Para veterinary institution to be inspected as and when deemed
necessary.
25. Withdrawal of recognition.- (1) If it appears to the Council-
(a) that the courses of study and examination to be undergone in
or the proficiency required from candidates at any
examination held by any University or Para-veterinary
institution do not conform to the standards prescribed by
regulations by the Council; or
(b) that the staff, equipments, accommodation, training and other
facilities for instruction and training provided in such
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 13
University or Para-veterinary institution or in any collegeor
other institution affiliated to that University do not conform to
the standards prescribed by regulations by the Council, the
council shall take action for the withdrawal of recognition.
(2) Before withdrawal of recognition, the Council shall send a show
cause notice to the Para-veterinary institution or University specifying the
period within which the reply shall be submitted.
(3) On receipt of the reply or where no reply is submitted within the
period specified in theshow cause notice then on expiry of that period the
Council shall take decision in the matter.
26. Minimum standards of Para-veterinary education.- The
Council may prescribe byregulations the minimum standards of Para-
veterinary education required for granting recognized Para-veterinary
qualifications (other than postgraduate Para-veterinary qualification) by the
Para-veterinary institution in India.
27. Registration of Para-veterinary establishments.- No person
shall open, keep orcarry on a Para-veterinary establishment without being
registered as such under this Act and except in accordance with the terms of
registration granted under this Act:
Provided that nothing in this section shall apply to a Para-veterinary
establishment which is in existence on the date of commencement of this Act,
for a period of six months from such date or where an application is made
within that period in accordance with provisions of section 28 of this Act, till
such time, the application is disposed of.
28. Application for registration.- (1) Every person intending to carry
on a Para-veterinary establishment shall make an application to the Council
for registration of the clinicalestablishment within a period of three months
from the date of commencement of this Act.
(2) Every application for registration of Para-veterinary establishment
under sub-section (1) or for renewal of the registration under sub-section
(6) shall contain such particulars and shall be accompanied by such
fees, as may be prescribed by regulations.
(3) The Council, if satisfied that the applicant and the Para-veterinary
establishment fulfills such terms and conditions as may be prescribed, shall
register the applicant and such Para-veterinary establishment and shall grant
him in relation to the Para-veterinary establishment acertificate of registration
in such form as may be prescribed within a specified period.
(4) The Council may reject an application if it is satisfied that the
applicant or the Para-veterinary establishment does not fulfill the conditions
prescribed under sub-section (3) and in every case where the application is
rejected, reasons therefore shall be recorded in writing.
(5) A certificate of registration issued under this section, subject to the
provisions of section 29, of this Act, shall be in force and shall be valid for a
14 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
period of five years from the date on which it is granted under sub-section (3)
unless cancelled earlier as per provisions of this Act.
(6) An application for renewal of a registration shall be made within a
period of six months before the expiry of validity of registration certificate
issued under sub-section
29. Cancellation of registration.- At any time after a Para-veterinary
establishment is registered under section 28 of this Act, the Council, may
cancel such registration if it is satisfied-
(i) that the terms and conditions of the registration are not being
complied with; or
(ii) that the person in whose name the Para-veterinary
establishment is registered has been convicted of an offence
punishable under this Act; or
(iii) that any other person including a juristic person who has been
convicted of an offence under this Act is associated with
another juristic person or other Para-veterinaryestablishment.
30. Minimum standards of Para-Veterinary establishment.- (1)
Every Para-veterinary- establishment shall have such minimum standards of
buildings, space, facility, equipment and manpower as are prescribed by the
Council by regulations.
(2) Every Para-veterinary establishment shall maintain and keep
records of all animals attended or admitted or treated in the manner prescribed
and such records or extracts thereof shall be made available to the Council or
the authorized technical officer of the State Government not below the rank of
the Deputy Director of the concerned district on demand.
(3) On demand an authenticated copy of the record of admission,
consultation, tests,diagnosis and treatment shall be made available by the
veterinary establishment to the owner of theanimal or any other person
specifically authorized by the owner to this effect.
31. Inspection of Para-veterinary establishment.- (1) The Council
or any authorized technical officer of the State Government, not below the
rank of a Deputy Director of concerned district, subject to general or special
order as may be made by the State Government, enter and inspect any
premises which are used or for which the Council, or the officer of the State
Government so authorized has reasonable cause to believe that these are being
used for the purposeof Para-veterinary establishment.
(2) If the Council or the officer authorized under sub-section (1) has
any reason to believethat any article or class of articles or any records are
liable to be seized for the contravention of the provisions of this Act, he may
seize any article or record which in his opinion is useful or relevant for
initiating any proceeding under this Act and give receipt for articles or records
so seized.
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 15
(3) The provision of the Criminal Procedure Code, 1973 (2 of 1974)
relating to searches and seizures shall, as far as may be appropriate, apply to
such every search or seizure made underthis Act.
32. Registrar and other officers and servants of the Council.- (1)
The Council shall, with the prior approval of the State Government, appoint a
Registrar who shall act as Secretary of the Council.
(2) The Council may, with the prior approval of the State
Government, employ such other officers and servants as it may deem
necessary for carrying out the provisions of this Act.
(3) The qualifications, conditions of service and pay scales of the
Registrar and other officers and servants shall be such as the Council may
determine by regulations, with the prior approval of the State Government.
(4) The Registrar or any other officer or servant appointed by the
Council under this section shall be deemed to be a public servant within the
meaning of section 21 of the Indian Panel Code, 1860 (45 of 1860).
33. Duties of Registrar.- (1) It shall be the duty of the Registrar to
keep and maintain the State Register in accordance with the provisions of this
Act and any order made by the Council torevise it from time to time in such
manner as may be prescribed by regulations, to publish it in the Official
Gazette and to discharge such other functions as are or may be required to be
discharged by him under this Act and the rules and regulations made
thereunder.
(2) It shall be the duty of the Registrar to ensure that the State
Register is as far as possiblecorrect at all time and may from time to time
enter therein any material alteration in the address orqualifications of the
registered Para-veterinary practitioner.
(3) The Registrar may remove from the State Register the name of the
registered Para-veterinary practitioner who dies or whose name is directed by
the Council to be removed from the State Register or who ceases to be the
registered Para-veterinary practitioner.
(4) On an application made by the registered Para-veterinary
practitioner, if the Council is satisfied that the such practitioner has not ceased
to practise, then the Council may direct the Registrar to restore the name of
such practitioner in the State Register and the Registrar shall comply with
such directions.
34. Funds of the Council.- The Council shall establish a fund to be
called the fund of the Council to which shall be credited-
(a) registration fees from all the Para-veterinarians registered in
the Council;
(b) any contribution or grant by Central or State Government;
(c) the income of the Council from all sources including income
from fees and fines;
16 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
(d) the trust, donations, endowment and other grants, if any; and
(e) all other sums received by the Council.
35. Objects to which fund of Council shall be applied.- The fund of
the Council shallbe applied-
(a) to the repayments of debts incurred by the Council for the
purpose of this Act and the rules and regulations made
thereunder;
(b) to the expenses of any suit or legal proceedings to which the
Council is a party;
(c) to the payment of salary and allowances to the officers and
servants of the Council;
(d) to the payment of allowances to the office bearers of the
Council;
(e) to the payment of any expenses incurred by the Council in
carrying out the provisionsof this Act and the rules and
regulations made thereunder; and
(f) to any other expenses incurred for the promotion and
development of Para-veterinary education, research and
training, declared by the Council to be in the general interest
of Para-veterinary profession.
36. Accounts and Audit.- (1) The accounts of the Council shall be
prepared before such date and at such intervals and in such manner, as may be
prescribed by regulations.
(2) The accounts of the Council shall be audited by the registered
chartered accountant and the audit fee of the chartered accountant shall be
such, as may be fixed by the Council, byregulations.
(3) As soon as the accounts of the Council are audited, the Council
shall send a copy thereof, to the State Government, in such manner, as may be
prescribed by regulations.
37. Budget.- (1) The Registrar shall cause to be prepared in such form
as may be prescribed, by regulations, a budget for the financial year, showing
the estimated receipts and expenditure and shall cause it to be laid before the
Council at such time, in such manner, as may be prescribed by regulations.
(2) Within fifteen days from the date of meeting in which the budget
is passed, it shall be forwarded to the State Government.
(3) If the State government is of the opinion that provisions of the
budget so forwarded to itare not adequate for carrying out the purposes of this
Act, it shall return the budget to the Councilfor such modification as may be
suggested by the State Government.
(4) The Council shall be competent to re-appropriate such amount as
may be necessary from one head to another head and minor heads.
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 17
(5) The Council, may as and when required, pass a supplementary
budget in such form as may be prescribed by regulations and the provisions of
sub-sections (2), (3) and (4) shall apply tosuch supplementary budget.
38. Registration renewal and State Register.- (1) No person shall
be registered on the State Register as Para-veterinary practitioner unless he
possesses a recognized qualification and has not paid such fee, as may be
prescribed and different fee may be prescribed for different qualifications but
it shall not exceed one thousand rupees and the registration shall be valid for
aperiod of three years.
(2) The Council shall cause to be maintained a State Register of Para-
veterinary practitioners in such form, as may be prescribed, by regulations.
(3) The Register shall be deemed to be public document within the
meaning of Indian Evidence Act, 1872.
(4) Every registered Para-veterinary practitioner registered under sub-
section (1) shall renew his registration after every three years on payment of
such fee as may be prescribed.
39. Prohibition of collection of capitation fee, donation etc.- No
person or Para-veterinary institution who is in charge of, or is responsible for
the management of any Para-veterinary institution, shall-
(a) accept, either directly or indirectly any donation, gift or other
payment (by whatevername called), whether in cash or in
kind, or any amount by way of capitation fee; or
(b) receive any fee or amount in excess of scale of fees presented
by the council.
40. Power of council to prohibit entry to or to order removal from
state Register.- The Council may, upon reference from the Registrar or
otherwise, by order, prohibit the entry in, ororder, the removal from the State
Register, the name of any person,-
(a) who has been sentenced by a criminal court to imprisonment
for an offence which involves moral turpitude; or
(b) whom the Council, after enquiry has found guilty of
professional misconduct by passing a resolution of majority
of two third of the members of the Council present and voting
at the meeting:
Provided that no order shall be passed under this section
without giving a reasonable opportunity of being heard to the
person concerned.
41. Alteration of State Register.- (1) The Council may, after giving
the person concerned a reasonable opportunity of being heard, order that any
entry in the State Register whichin the opinion of the Council, has been
fraudulently or incorrectly made or brought, be cancelled or amended.
18 THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010
(2) The Council may direct the removal forever, or for a specified
period from the State Register, the name of any registered Para-veterinary
practitioner for the same reason for whichregistration may be prohibited by
the Council under section 40 of this Act.
(3) The Council may direct that the name removed under sub-section
(2) shall be restored subject to such condition, if any, which the Council may
deem fit to impose.
42. Procedure in inquires.- For the purpose of any inquiry under the
provisions of this Act, the Council or any committee appointed under sub-
section (1) of section 17 shall be deemed to be a court within the meaning of
the Indian Evidence Act, 1872(1 of 1872) and the Code of Civil Procedure
1908 (5 of 1908) and shall exercise all powers of Commissioner appointed
under the Public Servants (Inquiries) Act, 1850 (37 of 1850) and such
inquiries shall be conducted, as far asmay be, in accordance with the
provisions of section 5 and sections 8 to 20 of the Public Servants (Inquiries)
Act, 1850 (37 of 1850).
43. Appeal against the order of the Council.- Any person-
(a) whose application for registration in the State Register is
rejected under section 38 or41 of this Act; or
(b) whose entry in the State register is prohibited under section
40 of this Act; or
(c ) whose name, from the State Register is removed, may, within
ninety days of the orderof rejection, prohibition or removal,
as the case may be, appeal to the StateGovernment and the
decision of the State Government thereon shall be final.
44. Prohibition on practice except as provided in this Act.- (1)
Save as otherwise provided in this Act, no person shall practise or hold
himself out, whether directly or indirectly, aspracticing habitually for personal
gain as a Para-veterinary practitioner within the State.
(2) Any person who contravenes the provisions of sub-section (1)
shall be punishable withimprisonment which may extend to six months, or
with fine which may extend to five thousandrupees or with both.
45. Prohibition of awarding degree in certain cases.- (1) Where the
Council on its ownmotion or on any representation received or otherwise is
satisfied that any person or Para-veterinaryinstitution has contravened all or
any of the provisions of this Act or the rules or regulations made or orders
issued thereunder, it may, with the previous approval of the State
Government, and subject to such conditions as it may thinks fit to impose-
(a) in the case of the first contravention, prohibit the Para-
veterinary institution concerned from presenting such
students in relation to which the contravention has been made
toany University or Veterinary institution for taking any
examination which wouldenable such students to qualify
THE HIMACHAL PRADESH PARA-VETERINARY COUNCIL ACT, 2010 19
themselves for the award of any recognised veterinary
qualification; and
(b) in the case of any second or subsequent contravention take
such action under this Actas it may consider necessary
including action to prohibit the Para-veterinary institution
concerned from making any further admission of students :
Provided that no such order shall be passed by the
Council unless the Para-veterinary institution and the students
concerned have been given a reasonable opportunity of being
heard.
(2) A copy of any order passed by the Council under sub-section (1),
shall be communicated to the Para-veterinary institution and the student
concerned and a copy thereof shall simultaneously be forwarded to the
University or Para-veterinary institution concerned.
(3) Notwithstanding anything contained in any other law for the time
being in force, anorder passed by the Council under sub-section (1) and
communicated to the University or Para-veterinary institution under sub-
section (2) shall be final and binding on the said University or Para-veterinary
institution.
(4) Any Para-veterinary qualification granted to any student of such
Para-veterinary institution on the basis of any examination or other test held
after the date of communication of the order to the University or Para-
veterinary institution under sub-section (2) shall cease to be are cognised
Para-veterinary qualification in relation to such students for the purposes of
this Act.
(5) Where an order has been passed by the CoExcerpt shown. Open the full act in Lexace.