The Odisha Veterinary Practitioners Act, 1969

O ~ I S S A ACT. 3 -OF 1970 '[ THE ORISSA VETERTNARY PRACTITIONERS ACT, 1969 1 [,Received !he assent of the President orz the 41Jz Febrrtary 1970, first publisl~ed inhlan ex!raordinary issue of the - Drissa Gazette,.dared the 18th February I970 ] AN ACT TO PROVIDE FOR TM' REGISTRATION OF VETERINARY PRACTITIONERS r~ OR ISSA AND! FOR. CERTAIN OTHER! :MATTERS - CONNECTED THEREWITH BE it enacted by the Legislature of the State bf'Onssa in - the 'Twentieth Year :of the Republic of India as .foIlpw s: - ' 1 . ( I ) This Aot-may be cal[ed.'the. . . Vet&- short title, cxtcnt an^ n&y ~raotitioners Act; ,1969. commence- ment. (2) It extends to the whole o f ' the State of Orissa. (3) It shall come into force: on -:such date as thy, State-. Government .may, by notifiqation2 - appoint inlthai'beh;lf., . ' , 1 11' Fbr IStatcment- o r ~ b ~ e c t s -aria Reasons -see. Orlssa CarcNe, E X ~ - ordinary, dated t hc 25f h March 1969 WO: 691).' , Definitions 2. Tn this Act, unless the context otherwise requires- la) " Council " means the Orissa Veterinary Council established under section 3; (b) 4 C member " means a member of the Council ; (2 ) '' prescribed " means prescribed by rules made under this Act ; (d) " President" means the President of the Council ; (e) "recognised veterinary qualification7' means any of the veterinary degrees, dipIomas or certificates included in the Schedule : Provided that the degrees,diplomas and certificates granted by the Government or any University or any other autho- rity of any State in India other than the State of Orissa shall not be deemed to be recodsed veterinary qualifications for the purposes of this Act, unless, in pursuance of a scheme of reciprocity for rec,ogition, of vete,inary qualifications, the'Gove&inent of 'such State has, by notifxqtion, recognised for the purposes ' ' of 'that State, the degrees, diplomas and certificates granted by the Government or any University or any other autho- rity of the State of Orissa. (f ) Cc register " means the register of veteri* nary pra~tioners maintained under s e e tion 18 ; (g) "registered veterinary practitioner'' meam a veterinary practioner whose name is for the time being entered in the register ; (h j "Registrar" means the Registrar appointed under section 17; ( i ) "regulation" rn eans regulations made under s d o n 16; ( j ) "vice-president" means the Vice-President of the Council. CHAPTER II Establish- 3. ( I ) The State Government shall, by noti-, nt of the fication, establish a Council to be called " the Orissa Council. Veterinary Council". (2) The Council shall be a body corporate and shall have perpetual succession and a common sea1 with power to acquire and hold property, both mova 4 ble and immovable and to transfer any such property subject to the prescribed conditions and shall, by the said name, sue and be sued. 4. The Council shall consist of the following $ ; ~ ~ ~ ! l l ! " ~ members, namely :- Coitr~cil. (a) the President to be nominated by the State Government from amongst the veterinary graduates of the State ; ( b ) the Dean of the Veterinary Collegc of the Orissa University of Agricult~~re and Tech- noIogy ; . . . . . . . . ex oficio ; (c ) one member elected from amongst them- selves by the members df the faculty of the Orissa University of Agriculture and Tech- nology dealing with veterinary science ; (ci) four members elected by 1he registered veterinary practitioners from amongst themselves ; (e) two members nominated by the State Government from among the registered veterinary practitioners ; (f) one member to be nominated by the State Government from institutions or orga- nissttions dealing wilh cattl : development in the State or* Drissa ; (g) one member of the Orissa Legislative Assembly to be nominated by the Speaker, Orissa Legislative Assembly : Provided that when the Council is established for the first time the member referred to in clauses (c), (4 and (e) shall be nominated by the State Government, from among the members 6f the faculty in the case of clause (c) and Ih the other cases fronl among the veterinary graduates of the State. Prcsidcnl 5. (1) The members of ,the. Council shall elect ""(I President. 'Iim- a Vice-president fro rn among themselves. (2) The President may resign his office by writing under his hand addressed to the State Government and shall be deemed to have vacated office on such resignation being accepted by the State Government : Provided that the President shsll, on such vaca- tion of office, also be deemed to have ceased to be a rnembe: or the Council; , (3) The Vice-President may resign his office by writing under his hand ,addressed to the Council and shall be deemed to have vacated office on sucll resignation being accepted by the Council at a meeting. Nominutio:: 6 . If for any reason, whaisoevcr, the, concerned on failure of electorate fails to retur'n a Vice-President or, as the eIect,on. case may be, .a member, the State Government s ha11 nominate a person eligible for eIection to such office to be the Vice =President - or, as the case may be, member who shall, on being, so nominated, be deemed to have been duly elected. Procedure "7. Any election ,to be held under I he provisions for clcclion. of r his' Act shall be held at1 such t-ime and -place and in such manner as may be prescribed. nisquaii- B. ( I ) A person shall be disqualified for being fication ror or nominated as the President, or any other being clccted or nominated member, if he r- as 3 mcmbcr. (a) has been convicted and sentenced by an Court for any non-bailable offence, suc c stnteme not having been subsequently reversed or quashed 5 (b) has been canvicted and sentenced by a Court martial ; (cl is an undischarged insolvent. ; (e) is, a dismissed. Governu~e,nt servant : Provided that the state Govern~nent may condone : any di<qu\ification referred to in clallse (a) or clause:, @I if the sentence has been fullyt ,undergone and a periadoftwo..years hRs elap~ed since the termi- nation of such. ,sentence: ' - ; .. ? , (2) The President or any other member shall be disqualified to continue and shall cease to be the P:esident or any other member, as the case inay be, if he incurs any of the di~quli- ficat io ns specified in sub-section (1). 9. Thename of every President, V i ~ e - P r e s i d e n t ~ f " ~ ~ ~ ~ ~ or member nomi!lnted or elected under the pro~isisjo~s mamks, of this Act shall be published by the State 'Gov.ern- e*. nient in the Official Gazette. 10. (1) A member other than .an e x , ,&.c~o~cnureor member, shall, save as otherwise expressly ,pruyi&l Ofiicc in this Act, hold office until the ex iry of ,a .Ite~m ;:of three years from the date of g is .ao.miqatipn ,or election, as the case may be, or untiI his successor bas been duly elected or nominated, whichever is later : Provided that any person who has h w . a member by the process of election or nomination under any of the clauses (c) to (g) of section 4 : shall, on ceasing to hold ,membership of the electorate, institution, organisation or Assembly, ,as the casemay b-e, .by virtue of which he was ele~ted .or ..nominated, .cease to Izclld oftice as .such ,member. - ' ,*:(2] 'Anymember,,other,than ihe-;Presideq~, .,may, at any ,time, resign 1 his., :office by ,writing u n k - : -Gs hand addres~ed to- : (a) :the State .Government, i n case # he happens to be a nominated member ;. or (b) , t,he 'Przsident, fin case, he happensf .Lo .be an elected ,member, and .a resignation. so . teqda~d shall take effect fr4111 the date it is received by the State Government or,,as the case may be, by the President. , 11. 'The Council may , per-mit , any member .:to Leave of absent himself from the meetings of ,the Cou noil:;for abscncc to mcrnbcrs . any, period ,no$ exeed.ing t months. 12. The ~ t i ? l e Government may remove a nomi- hmova .nated .:member .and tbe ;Cou!?cil may rt:move an mcmhrs. elected member from office-- (cl) if h e abscnts himself -.without . leave or riithcru t sufhcizi~t muse from tkrge cons+ ,cuiix7e ~zectings of the Coullcil ; or [70--53 (a) LAW 1 (Sees. 13-1 6) (b) if he beconles disqualified under the provisions of section 8 : Provided that no such removal shall be made without giving the concerned member a reasonable opportunity of being heard. Filling up of casual 13. Any casual vacancy in the office of the V~CUC~B. President or any of the member caused by death, resignation or removal shall be reported to the State Government by the President or by the Vice- President where the vacancy relates to the OEce of the President and shall be filled up by nomination or, .as the case may be, by election within such time and in such manner as may be prescribed. saving 14. No act or proceedings of the Council shall be deemed to be invalid merely by reason of any vacancy in or defect in the constitution of the Council. Time and P l a ~ OP 15. (1) The Council shalI meet at such time and meem@ of place and meeting of the Council shall be summoned Council. in such-manner, as may be provided by regulations : Provided that until such regulations are made, it shall be lawful for the President to summon a meeting at such time and place as he may deem expedient by sending a notice to each member at least seven days in advance. (2) The quorum for the meetings of the council shall be four. (3) A11 matters which come up for consideration at any meeting shall be decided by the votes of the majority of the members present and voting, and, in case of an equality of votes, by the casting vote of the President. Regulation 16. (1) Subject to the provisions of this Act and . the rules made thereunder the CounciI may make regulations providing for - (a) the time and place at which the meetings of the Council shall be held ; (b) the manner of issue of notices convening such meetings ; (c) the conduct of business at such meetings ; (a the constitution, powers, duties and prom- dure of special committees ; and (e) the conditions subject to which names struck off from the register on cancellation of registration or otherwise map be re- entered therein. (2) The Council may, with the prior approval of the State Government, make regulations deter- mining- (a) the qualifications, the emoluments and the conditions of service of its etnployees other than the Registrar, and (b ) the rates at which and the conditions under which travelling expenses may be drawn by members of the Council. CHAPTER 111 17. (1) The State Government shall appoint an Registrar officer of the Directorate of Veterinary Services of the and State Government as the Registrar on such terms as establish- ment for tho the State Government may determine. cou ncii. (2) The Registrar shall act as the Secretary-to the Council. (3) The Council may appoint such other employees as it may consider necessary for the purposes of this Act. (4) Every person appointed under this section shall be deemed to be a public servant ,mithin the x~vor1860 meaaing of section 21 of the Indian Penal Code. CHAPTER IV . . REGISTRATION OF V E ~ I N A R Y PRACTITIONERS AND POWERS AND DUTIES OF THE'COUNC~ , . 18. 11) The Council shall, as soon as may bk Reg;rkr of after its first constitution, arrange for -the registration veterinary . of veterinary practitioners and for that purpose,' shaa, Practitioners by notification, appoint a date on or before which appIications for first registration of names shall be made by vetefinary practitioners qualified, for re@- stration under this Act, THE ORISSA VETERINARY [Or. hct (2) The. names and addresses, the qualifications together wit11 the dates on which such. qlialifications were acquired, and the dates of registration of al l veterinary practitioners registered under this Act shaII be entered in a register to be maintained for the purpose. C u a t d ~ and 19. (1) The Registrar shall maintain the register in maintenance such form and in such manner as may be prescribed of Register. and shall, from time to time make such entries, corrections, alterations or modifications in the en tries therein as may be necessary or as may be directed by the Council. (2) In order to fuEl the duties inl~osed upon him by sub-section ( I ) , he may call for any information he may require from any registered veterinary practitioner. Persons entitled. 20. ( I ) Every person possessing a recognised to be rcgktered, veterinary quaacation may; subject to the provisions of this Act and on payment of such fee as may be prescribed, apply to have his name : entered in the register. (2 ) A person who applies to have his name entered .m the register shall- (a) satisfy the Council th'at he is in possession of .a recognised veterinary quslification ; (b)- mention in his application the date on which he acquired the qualfication which entitles him to claim registration ; and (c). giye . the Council any other information wfiich may ,reat,onably- be required fc;r the purpose of registration. Registralion 21. (1) The Council may, on beiag satisfied that a-p,erson- applyi.ng,,foi registration :;ossws~s~ a . recsg- nised veterinary qualification . a ~ d : has paid the prescribed fee, allow the appIication and d'rect the Registrar to enter his name irivihe - registel, and such enby::shall, unless.canceUed ea~~lier, be : bol I: e.,in,. - the register: for ,one:yean (2). The Registrar shall, . , on the registration, 06 a p;er~odS:name,l give him al cer tificat e m , of! r. -gista ;ion under his hand and seal. - , , , : r ! ~ , -i ' (3) The Council may, after giving the person concerned an opportunty of bcing heard, refuse t o permit the registration, or cancel the registration, of the name of any person- (a) who has been convicted and sentenced by any Court for any non-bailable offence, such sentence not having been subse- quently reversed or quashed: ; or (b) whom the CounciI, aftel- due inquiry, which may, in the desc~etion of the President, be.held in mixera, finds guilty, hy a majority of two-thirds of the members present and voting, of infamous con6uct in his profe~sional~capatity~ : Provided that the State Government may condone the co~lvi~tion refer;red,tij:in, clause (a)- .if the sentence has been ,fully undergone rand a ~eriod, : of two years has elapsed since the terrninatios c f f such sentence. (4) The Council may, after giving thc person concerned an opportunity of .being.he:!rd,.. direct that aQy entry in the register which is ;proved.. to the satis- faction of the Council to be incorrect . or false be corrected or cancelled. (5) If any person whose name , is entered i n the register obtains any recognised veterinary qualifiwtions other than the quahficatierr in respect. of, which his namr: has been regisrefled, he - shall, on. payment of such fee as may be prescribed, be!: entitled to have such addir ional qualification entered against his name in the register ei1her.h substituhon of, or in addition to, any entry previously'.made,, therein. 22. Tf the Council is - satisfikdL , (a) that any degree, diploma orm certrifica.te ~mendmont granted by,agy university., colleg, school, OrSchedulem ~nstttutron or other authority is a, sufficient: gu ar-antee that - persons ppssessiag, such degree, diploma or certificate possess the knowIedge and skill requisite. .:for the eficien t p ractice of veterinary,medicine, ,0r: Surgery; or ( h ) that any. recoguised, veterinary' ,qualifi~catiozz' is not a sufficient guarantee as &resaid'; j [Or. Act I it may make a report to thxt effect to the State Government who may, if they think fit, thereupon direct, by notification- (i) in cases under clause (a), that such degree, diplom a or certificate sha 11, sub- ject to the other .provisions of this Act, be a recognised veterinary qualification; or (ii) in cases under clause (b), that such quali- fication shall cease lo be a recognised veterinary qualification, and the Schedule shall thereupon be deemed to have been amended accordingly. Po\r7cr of Council to 23. The Council shall have power to ca 11 on the ,,,I authorities of any veterinary college, school or infomtion institution or any other- authority awarding degrees, and attend exnminalion dipIomas or certificates in veterinnry science, whet hrr s:ich quali fications ,.. . are recognised or not- , , (a) to furnish such particulars, as the Council may require, of any course of study prescri- bed or any examination held for the grant of any such degree, diploma or certifi- cate; and (6) to permit a member of the Council deputed by it t.0 attend and watch any such exami- nation. Appeal 24. If -any person is dissatisfied with any decision agalnst of the Counci 1 refusing or cancelling the registration ' O r of his name or directing the correction orcaocebtjon of any entry in the register, he* may, within thirty days from the date of such deeszon and on payment of such fee a s may be prescribed, prefer an appeal to the State Government and the decision of the Stzte Government thereon shall be final . : Renewal fec 25. (1) A veterinary practitioner whose name is entered in the register shall be entitled to have his name retained in the redster on payment of such annual renewal fee and within such time as may be pres,cribed, , , ( Secs. 26-28 ) (2) If the renewal fee is not paid within the time prescribed, the Registrar shall strike off the name of the defauIter from the registel-: Provided that any name so struck off from the register may, subject to such conditions as the Coun- cil may by regulation provide, be re-entered in the register on payment of the renewal fee. 26. (1) A veterinary practitioner whose name is cons^- qucnw aB struck off from the register under su'b-section (2) of - - str~k~og ol scction 25 or whose registration has been cancelled name from under sub-section (3) of section 21 shall- forthwith Ihe rcgistcr. surrender his certificate of registration to the Regis- trar and the name of such practitioner shall be published jn the Official Gazette. (21 If any such name is afterwards re-entered in the register in accordance with the provisions , of this Act, the fact of such re-entry shall; :,be . published in ' the Official Gazette and the certificate or ,registration shall be returned to the veteri nary practitioner concerned. 27. On receipt of any reliable information regar- ding the death of any registered veterinary practitioner ,,,,,1 ,r the Registrar shall, after making s,uch,enquiry as he names from thinksfit, remove the name of the deceased frem register. the register. ' ,.. . . - 28. ( I ) The Registrar shall, onw in ,every three Publication years, on or before a date to be b e d in this be half;::,^,, by the Council, cause to be printed and published a to entries in the correct list of the names for the time being enteredmnuali,, in the register setting forth- . - . . of Vetcrinw practfioners. (a) all the names entered in the register arran- ged in alphabetical order according to the surnames; . , , , . , , <., . . (6) the registered address of each person whose name is entered in the register ; and (c) the qualitications of each such person together with the dates when such qualifica- tions were acquired. (2) r h e Registrar shall also cause to be printed and pubbshed in the month of January every year an annual supplement to such list showing therein . the additions, aIterations or corrections made in the entries in the register during the preceding year. , , (3) Every court s b d presume, until the contrary is proved, that a person whose name is entered in the latest list as modified by the supplement is duly regi- stered 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 in respect of such person in the register shall be evidence that such person is registered under this Act. CHAPTER V Accounts, - 29.,(I~)TheCouncilshallm~ntaininsuch form budget and mu. .as may:k.prescribed, proper accounts which shall - be audited :annually , b y i ~ an auditor appointed in this cbehaIf by: the State Government. (2) The Co.uncil shall prepare, within such time as may be-pies'cribed .and in accordance with such directions as the State. Government may, from time to time,-issue-in-Ehk-,behaw, .its budget -estimates Tor -ea'c'h year-and'shdl forward ' the same , to the , State Government for their approval together with .,the Jast : audit report. (3) ;The . &ate : : Govern merit may make , , such annual grants as. ,they: may..c,onsider necessary to . the . Council for the proper discharge of the functions ,of the Coun~iI under this Act. Tba ~ o u n c i l 30. (1) All moneys received by the Council as F I U ~ ~ . feesandgrantsunderthis Actor otherwise shall be :creditedrto.a1 5und to be called <'the Orissa Veterinary Counc&Eund'~l~hi~h shall be,under.the management and Control of ;the Cound . ,and sIlaI1 be held and applied,by.the Council for the purposes of this Act in such manner as may be prescribed. (2) A11 moneys credited to the Orissa Veterinary 'COU~FI'I Fund %hdl ,forthwith be deposited in the IState'Bank of~1ndiapBhubaneswar to .the credit of.an -account~!:.be balled .rf the Orissa Vetdnary Council Fund .Akunt". i IOr. A c t I CHAPTER VI 31. (1) Notwithstanding anything contained in ~~~~~~r any other law for the 1 ime being in force, no certili- ~ ~ ~ ~ C I I O D C A . cate required by any law, of rule to be signed or authenticated by a duly qualified veterinary practi- tioner, veterinary surgeon or veterinary officer sllalf be valid unless the person signing or authenticating such certificate is a registered veterinary practitioner.. (2) Except with the special sanctionm of the State Government no person other 'than a registered veteri- nary practitioner shall be competent to hold any appointment as a veteririary surgeon or veterinary officer in any veterinary hospital, infirmary or dispensary maintained wholly or partly by public or local 'funds. 32. Tf any person whose name is not entered i n Penalty on unrcgistertd the register falsely pretends that it is so entered, or pcrson uses in connection with his name or title any words or rcprcsenting ihnt hc is letters representing that his name is so entered, he rcgisitrcd. shall, whether any person is actually deceived by s ~ c h representation or not, be punisl~able, on conviction, with fine which may extend to three hundred rupees. 33. No court other than the court of a Ma,' 01- C O U C ~ Y stiate of the First Class shall take cognizance of or ~~~~~~, try an offence under this Act. under this Act. 34. For the purpose of any inquiry under clause Procccdiw @) of sub-sect ion (3) of section 21, the Council shall '" io~ui"eS' have the porn ers of a Civil Court while disposing df suits under the Code of Civil Procedure, 1908,. ,in v. otrws respect of the following matters, namely :- (Q) summoning and enforcing the attendance of any person and examirling him on oath; (b) requiring the discovery and production of documents; . . , (c) receiving evidence on affidavits; and . , (d) any other matter that may be prescribed. , . , - - I71-73(n) U w 1 Power OE 35. The State Government may give to the State Council such directions as may be necessary for Oovemment carrying out the purposes of ibis Act and it shall be t o givc directions to the duty of the Council to comply with such direct- the Council. tions. Conrrol OP 36. If at any time it shall appear to the State thcCouncil Government that the Council has failed to exercise by the State ctoveromem. or has exceeded or abused any power conferred upon it, by or under this Act, the State Government may, if they consider such failure, excess or abuse to be of a serious character, notify the particulars therof to the Council; and if the Council faiIs to remedy such failure, excess or abuse within such time as may be fixed by the State Government in this behalf, they may, after giving the Council an opportunity of representing its case, dissoIve 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 . . . suchperiod as they may think fit: .. Provided that in the case of such dissolution of the Council, the State Government shall take steps as soon as may be convenient to reconstitute the Council in accordance with .the provisions of this Act. Bar to suib and other 37. (1) No order under ibis Act refusing to enter I C ~ S I a name in, or removing or striking off a name from, P ~ o c ~ ~ D B . the register shall be called in question in any Civil or Criminal Court. (2) N o suit or other legal proceeding shall lie in any Civil or Criminal Court in respect of any act done or purported to have been done in good faith under this Act or any rule or regulation made there- under by the State Government or the Council or the Registrar or any other person. Power to 38. (I) The State Government may make rule8 make rules. for carrymg out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the time and manner of holding election; I i IOr; Act. (1) the form of the register ; (c) the application of moneys at the credit of the Orissa Veterinary Council Fund ; (d) the procedure to be followed by the Coun- cil in conducting any inquiry ; (e) the fees chargeable under this Act ; (1) the maintenance and submissionof accounts of the Orissa Veterinary Council Fund ; (g) the regulation of annual grants made by the State Government to the Council; and (h) any other matter which may be or is r equi- red to be prescribed. ~ ~ ~ ~ O R ~ S A V E I E R I N A T ~ Y P R A C T I T I O ~ A C T , ~ ~ ~ ~ [ O ~ . A ~ ~ ~ ~ ~ ~ W ~ Am, 1969 THE SCHEDULE Vetcr inary degrees, diplomas and certificate-hold ers of which are entitled to have their names entered in the Register of Registered Veteri- nary Practitioners :- 1 . Degrees, Diplomas and Certificates granted by theOrissa University of Agriculture and TecI~nology in Veterinary Scic nce. 2. Certificate of Fellowship and Membership of the Royal College of Veterinary Surgeons, United Kingdom and Ireland. 3. Degrees of Bachelor, Master or Doctor of Veterinary Science of any of the Universities in the Unitcd Kingdom or the United States of America. 4. Degrees of Bachelor of Science (Veterinary), Calcutta (West Bengd) . 5. Degrees of Bacl~elor of Science (Veterinary), Bombay 6. Degrees of Bacbclor of Science (Veterinary), Uftar Pradesh i I 7. Degrees of Bachelor of Science (Veterinary); Madhya Pradesb : 8. Degrees of Bachelor of Science (Veterinary), Bihar 1 9. Degrees of Bachelor of Veterinary Science, Madras 10. Degrees of Bachelor of Veterinary Science, Kerala 1 1. Degrees of Bachelor of Veterinary Sdence, Punjab 12. Degrees of Bachelor of Veterinary Science. Saugar 13. Degrees of BacheIor of Science (Vetednary and Animal Hus- bandry), Agra. 14. Degrees of BacheIor of Science (Veterinary and Animal Hus- bandry), Andha. 15. Degrees of Bachelor of Science (Veterinary and Animal Hug- bandry), Gauhati. 16. Dsgrees of Bachelor of Veterinary Science and Animal Hug- . bandry, Rajasthan. 17. Degrees of Bachelor of Veterinary Science and Animal Hus. bandry, Vham.