Odisha act 003 of 1970 : The Odisha Veterinary Practitioners Act, 1969

@I if the sentence has been fullyt ,undergone and a periadoftwo..years hRs elap~ed since the termi- nation of such. ,sentence: ' - ; .. ? ,

6

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 Oficc 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

7

(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

8

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,

9

(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 '

10

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';

11

[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, , ,

12

(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 l

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. , ,

13

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 alled .rf the Orissa Vetdnary Council Fund .Akunt".

i

IOr. A c t I

14

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

15

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 ;

16

(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.

17

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.

18