Tamil nadu act 021 of 1957 : Tamil Nadu Registration of Veterinary Practitioners Act, 1957

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the [Tamil Nadu] Registration of Veterinary Practitioners Act, 1957.

(2) It extends to the whole of the ³[State of Tamil Nadu].

(3) It shall come into force on such date as the Government may, by ??? appoint.

Section 2. Definitions

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

(a) "Council" means the ⁴[Tamil Nadu Veterinary Council] established under section 3;

(b) "Government" means the State Government;

(c) "hospital", "dispensary" or "infirmary" means an institution where animals are treated in accordance with methods approved by the Council;

(d) "register" means the register of veterinary practitioners maintained under this Act;

(e) "registered practitioner" means a veterinary practitioner whose name is for the time being entered in the register.

Section 3. Establishment of Council

3. Establishment of Council.- (1) The Government shall, by notification, establish a Council to be called the ¹[Tamil Nadu Veterinary Council],

(2) The Council shall be a body corporate, shall have perpetual succession and a common seal uni shall by the said name, sue and be sued.

Section 4. Constitution of Council

4. Constitution of Council.- (1) The Council shall consist of-

(a) four members elected by the registered practitioners from among themselves;

(b) one me under elected from among themselves by the registered practitioners who are members of the Faculty of Veterinary Science of the University of Madras;

(c) one member elected from among themselves by such members of the Madras Veterinary College Council as are registered practitioners;

(d) the Principal of the Madras Veterinary College ex-officio; and

(e) two members nominated by the Government.

(2) In the event of the requisite number of members not being elected under any of the clauses (a), (b) and (c) of sub-section (1), the Government may fill up the vacancy or vacancies by nominating the required number of registered practitioners. Every registered practitioner so nominated shall be deemed to be a member duly elected-

(3) The President of the Council shall be elected by the members of the Council from among themselves:

Provided that for a period of three years from the date of the establishment of the Council under this Act the President shall be a person nominated by the Government and if he is not already a member of the Council, shall be ex-officio member of the Council is addition to the members specified in sub-section (1).

(4) The election of members under sub-section (1) and of the President under sub-section (3) shall be held at such time and place and in such manner as the Council may, by regulations, prescribe:

Provided that the first election shall be held at such time and place and in such manner as the Government may, by notification, determine.

Section 5. Privileges of registered practitioners

5. Privileges of registered practitioners.- (1) Notwithstanding anything to the contrary contained in any enactment, rule, by law or any other provision of law, no certificate required by law to be given by a veterinary practitioner shall be valid unless it is given by a registered practitioner authorized to issue such a certificate by the orders of the Government for the time being in force.

(2) Except with the sanction of the Government, no one other than a registered practitioner shall be competent to hold an appointment as a veterinary physician, ??? or other veterinary officer in any veterinary hospital, dispensary or infirmary which is maintained or aided by the Government or a local authority.

Section 6. Acts of Council not to be invalidated by disqualification, etc.

6. Acts of Council not to be invalidated by disqualification, etc.- No vacancy in the Council and no disqualification of, or defect in the election or nomination of, any member of the Council or the person presiding at a meeting shall be deemed to invalidate any act or proceeding of the Council in which such member or person has taken part.

Section 7. Registrar and other officers

7. Registrar and other officers.- (1) The Council shall appoint a Registrar who shall act as Secretary of the Council and who shall also act as Treasurer unless the Council appoints another person as Treasurer.

(2) The Council may also appoint such other officers and servants as it may deem necessary for the purposes of this Act.

(3) The Registrar or any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian penal Code (Central Act XLV of 1860).

Section 8. Register

8. Register.- (1) It shall be the duty of the Registrar to keep a register of veterinary practitioners and, from time to time, to revise the register and publish it in the prescribed manner.

(2) The register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (Central Act 1 of 1872).

(3) The name of any registered practitioner who dies or whose names directed to be removed from and register under section 10 shall be removed from the Register. For this purpose, information regarding the death of registered practitioners shall be furnished to the Register by such officers, in such form and in such manner a may be prescribed.

Section 9. Sons entitled be registered

9. Sons entitled be registered.- (1) Every person who possesses any of the qualifications specified in Schedule I shall, on payment of the prescribed fee, and on furnishing to the Registrar proof of his qualification for registration, be entitled to have his name registered in the register.

(2) Every person for the time being registered under any law for the registration of veterinary practitioners in force in any other State in India shall, on payment of the prescribed fee, be entitled to have his name entered in the register if the Council has entered into an agreement with the authority administering that law for reciprocal recognition of registrations made under that law and those made under this Act.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Council may refuse to permit the registration of any person who has been convicted of any offence which, in the opinion of the Council, implies a defect of character disentitling him to be registered or who, after an inquiry at which opportunity has been given to him to be heard in person or by pleader, has been held by the Council to have been ??? of professional misconduct.

(4) Every registration, under sub-section (1) or sub-section (2) shall be in force for one year and may, on payment of the prescribed fee, be renewed from year to year.

(5) A registered practitioner may, on payment of the prescribed fee, apply for registration under a new name or in respect of any additional qualification obtained subsequent to the registration under this Act.

Section 10. Alteration of register by Council

10. Alteration of register by Council.- (1) The Council may, if it sees fit, and after giving due notice to the person concerned and inquiring into his any order that any entry in the register, which shall be proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about, be cancelled or amended.

(2)(i) The Council may direct the removal altogether or for a specified period from the register of the name of any registered practitioner who has been convicted of any offence which in the opinion of the Council implies a defect of character disentitling him to be registered or who after an inquiry at which opportunity has been given to him to be heard in person or by pleader has been held by the Council to have been guilty of professional misconduct.

(ii) The Council may also direct that any name so removed shall be restored on application made by the party and in accordance with the rules made.

(3) Any registered practitioner may make an application to the Council for the deletion of his name from the register and the Council may, on such application and subject to such rules as may be made by the Government, direct such deletion. Any such practitioner may apply for fresh registration under section 9.

Section 10-A. Special provision for amending the register

¹[10-A. Special provision for amending the register.- (1) Notwithstanding anything contained in this Act, the Council may, by order in writing, amend the register by deleting therefrom the name of any person who by reason of the alteration of boundaries under the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959), has ceased to reside or practise in the ²[State of Tamil Nadu]:

Provided that the Council may, before passing an order, make such inquiry as it deems necessary.

(2) Any person aggrieved by an order under sub-section (1) may appeal to such authority and within such time as may be specified in this behalf by the Government and such authority shall pass such order on the appeal as it thinks fit.

(3) An order of the Council under sub-section (1) or where an appeal has been preferred against it under sub-section (2), the order of the appellate authority, shall be final.

(4) The provisions of this section shall cease to be in force from such date as the Government may, by notification appoint.]

Section 11. Jurisdiction of Civil Courts

11. Jurisdiction of Civil Courts.- No act done in the exercise of any power conferred by or under this Act on the Government or the Council or the Registrar shall be questioned in any Civil Court.

Section 12. Control by Government

12. Control by Government.- If at any time it shall appear to the Government that the Council has neglected to exercise or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon ??? by this Act, the Government may notify the particulars of such neglect, excess or abuse to the Council; and if the Council Jails to remedy such neglect, excess or abuse, within such time as may be fixed by the Government in this behalf the Government may, for the purpose of remedying such neglect, excess on abuse, 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 the Government may think fit.

Section 13. Power of Council to call for Information regarding efficiency of, reaching and examinations

13. Power of Council to call for Information regarding efficiency of, reaching and examinations.- (1) The Council shall have power to call on the governing body or other authority of any Institution referred to in Schedule II granting a degree or diploma included in Schedule I or desirous of having the degree or diploma granted by it included in the said Schedule I-

(a) to furnish such reports, returns or other information as the Council may require to enable it to judge the efficiency of the instruction given therein in veterinary science; and

(b) to provide facilities to enable any member of the Council deputed by it in this behalf to inspect the institution at the time of reaching or at the time of examinations.

(2) If the said body or authority refuses to comply with any such demand, the Government may, upon report by the Council, direct the removal from Schedule I, or refuse to include in that Schedule, any degree or diploma granted by that institution.

Section 14. Penalty for falsely pretending to be a registered practitioner

14. Penalty for falsely pretending to be a registered practitioner.- Every person who falsely pretends to be a registered practitioner, whether any person is actually deceived by such pretence or not, shall, on conviction, be liable to be punished with fine which may extend to one thousand rupees.

Section 15. Alteration in list of qualifications mentioned in Schedule I

15. Alteration in list of qualifications mentioned in Schedule I.- (1) The Government, may, in they are satisfied on the report of the Council or otherwise, that the course of study and examinations prescribed by any college or body conferring any degree or diploma included in Schedule I are not such as to secure the possession by persons obtaining such degree or diploma of the requisite knowledge and skill for the efficient practice of their profession, by notification direct that such degree or diploma shall be removed from Schedule I by the Council and that Schedule shall thereupon be altered accordingly.

(2) The Government may, if they are satisfied, on the report of the Council or otherwise that the course of study and examinations prescribed by any college or body conferring a degree or diploma not included in Schedule I are such as to secure the possession by persons obtaining such degree or diploma of the requisite knowledge and skill for the efficient practice of their profession, by notification, direct that such degree or diploma shall be included in Schedule I by the Council and that Schedule shall thereupon be altered accordingly.

Section 16. Power to make rules and regulations

16. Power to make rules and regulations.- (1) The Government may, by notification, Make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for-

(a) the election of members to the Council;

(b) the term of office of the elected and nominated members of the Council;

(c) the circumstances in which a member of the Council shall he deemed to have vacated his office;

(d) the procedure to be followed for filling up a vacancy when the seat of any member of the Council becomes vacant;

(e) the election of the President of the Councilor of any other person presiding over the Council, and the term of ??? of the President;

(f) the procedure at meetings of the Council;

(g) the institution, hearing and disposal of appeals, the authorities competent to hold inquiries and hear appeals and the procedure to be followed in such inquiries and appeals;

(h) the compilation and publication of the register;

(i) the disposal of the fees received under this Act;

(j) all matters expressly required or allowed by this Act to be prescribed.

(3) The Council may, with the previous sanction of the Government, make regulations-

(a) for the convening of the meetings of the Council:

(b) for the conduct of business at such meetings;

(c) for the appointment and control, and the fixation of pay and allowances of the officers and servants referred to in section 7.

(4) All regulations made by the Council under sub-section (3) shall be published in the Fort St. George Gazette. ^*

(5) The Government may, by notification, cancel any regulation.

(6) The power to make, rules under this Act shall be subject to the condition of previous publication.

(7) All rules made and all notifications issued under this Act shall, as soon as possible after they are made be placed oath table ??? both ??? Legislature and shall be subject to such modifications by way of amendment or repeal as the legislative Assembly may make the House actually sits either in the same session or in more than one session.