THE INDIAN VETERINARY COUNCIL ACT
[First published in the Gazette of India, Extra-ordinary; Part II-Section 1, dated 21st August, 1984J
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 21st August, 1984/Sravana 30, 1906 (Saka)
The following Act of Parliament received the assent of the President on the 18th August, 1984, and is hereby published for general information.
THE INDIAN VETERINARY COUNCIL ACT, 1984 No. 52 of 1984
[18th August, 1984. ]
An Act to regulate veterinary practice and to provide, for that purpose, for the establishment of a Veterinary Council of India and State Veterinary Councils and the maintenance of registers of the veterinary practitioners and for matters connected therewith. .
WHEREAS it is expedient to make provision for the regulation of veterinary practice and to provide, for that purpose, for the establishment of a Veterinary Council of India and State Veterinary Councils and the maintenance of registers of persons quAlified to _ngage in veterinary practice for the whole of India and for matters connected therewith or ancillary thereto;
AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan to the effect that the matters aforesaid should be regulated in those States by Parliament by law;
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:
Short title, extent and commencement
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Indian Veterinary Council Act, 1984. (2) It extends, in the first instane, to the whole of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan and to all Union Territories; and it shall also extend to such other States as may adopt this Act by resolution passed in that behalf in pursuance of clause (1) of article 252 of the Constitution.
1,.Definitions Establishment and comp9sition of the Councill(3) It shall come into force in a State or Union Territory to which it extends, or may become extended in future, on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or for different States or Union Territories.
2. In this Act, unless the context otherwise requires:
(a) "Council" means the Veterinary Council of India established
under section 3;
(b) "member" means member of the Council;
(c) "prescribed" means prescribed by rules made under this Act; (d) "President" means the President of the Council;
(e) "recognised veterinary qualification" means any of the veterinary,qualifications included in the First Schedule or the Second Schedule;
(f) "register means a register maintained under this Act;
(g) "registered veterinary practitioner" _eans a person whose name is for the time being duly registered in a register;
(h) "r_gulation" means a regulation made under this Act;
(i) "state veterinary council" means a Veterinary Council established under section 32 and includes _Joint State Veterinary Council established in accordance with an agreement under section 33;
G) "veterinary institution" means any University or other institution within or without India which grants degrees, diplomas or licences in veterinary science and animal husbandry;
(k) "veterinary medicine" means modren scientific veterinary medicine in all its branches and includes veterinary surgery and obstetrics;
(1) "Vice-President" means the Vice-President of the Council.
CHAPTER II
INDIAN VETERINARY COUNCIL'
3. (1) With effect from such date as th_ Central Government may, by notification in the Official. Gazette, appoint in this behalf, there shall be established a Council to be called the Veterinary Council of India. (2) The Council shall'be a body corporate by the name aforesaid, having perpetual succession and a common seal; 'with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue or be sued.
(3) The Council shall consist of the following members, namely:
(a) five members to be nominated by the Central Government from amongst Directors of Animal Husbandry (by whatever name called) of those States to which this Act extends;
(b) four members to be nominated by the Central Government from amongst the heads of veterinary ipstitutions in the States to which this Act extends;
(c) one member to be nominated by the Indian Council of Agricultural Research;
(d) the Animal Husbandry Commissioner, Government of India, ex-oLficio; .
(e) one member to be nominated by the Central Government to
represent the Ministry of the Central Government dealing with
animal husbandry; (f) one member to be nominated by the Indian Veterinary Association; (g) eleven members to be elected from amongst themselves by persons enrolled in the Indian veterinary practitioners register;
(h) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Councils of those States to which this Act extends;
(i) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Associations of those States to which this Act extends;
G) Secretary, Veterinary Council ofIndia, ex oLficio.
(4) The President and Vice-President shall be elected by the members
from amongst themselves in such manner as may be provided by regulations. .
(5) Whenever there is a vacancy in the office of the President, the VicePresident shall discharge the functions of the President.
(6) The names of persons nominated or elected as members shall be notified by the Central Government in the Official Gazette.
(7) A person shall not be qualified for nomination or election to the Council unless he holds a recognised veterinary qualification.
Mode of election of members
Term of office of President, Vice-President and members
Cessation of membership I I'Il4. (1) An election under clause (g) of sub-section (3) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf and any rule so made may provide that pending the preparation of the Indian veterinary practitioners register in accordance with the provisions of this Act, the members referred to in that clause may be nominated by the Central Government instead of being elected as provided therein.
(2) Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government for its decision which shall be final.
5. (1) The President or Vice-President shall hold office for a term not exceeding three years and not extendng beyond the expiry of his term as'a member..
(2) Subject to the provisions of this section, a member, other than an exofficio member, shall hold office for a term of three years from the date of his election or nomination to the Council or until his successor shall have been duly elected or nominated, whichever is longer.
(3' Members of the Council shall be eligible for re-nomination or reelection.
(4) Where the term of three years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires, but, he shall not assume office until the said term has expired.
6. (1) A member shall be deemed to have vacated his office
(a) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council; (b) if he ceases to hold the post from which he has been nominated; (c) in the case of a member elected under clause (g) of sub-section
(3) of section 3, if he ceases to be a person enrolled in the register;(d) if he has been convicted of an offence involving moral turpitude and punishable with imprisonment; ( e) if he is an undischarged insolvent; (t) ifhe is Of unsound mind and stands so declared by a competent court.
(2) On the occurence of a vacancy referred to in sub-section (1), the
Casual vacancies
Resignation
Meetings of the Council
President shall forthwith report the fact of such vacancy to the Central Government and thereafter that Government may subject to the proviso to section 7, take necessary steps to fill such vacancy.
7. A casual vacancy in the Council shall be filled by nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected:
Provided that no such casual vacancy occurring within three months of the date of expiry of the normal term of office of a nominated or an elected member need be filled under this section.
8. (1) The President or Vice-President may at any time resign his office by notice in writing addressed to the Council and delivered to the Secretary and the resignation shall take effect from the date on which it is accepted by the Councilor on the expiry of ninety days from the date of receipt of the resignation by the Secretary, which ever is earlier.
(2) A member may at any time resign his office by notice 10 writing addressed to the President and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier.
9. (1) The Council shall meet at least twice in a year at such time and place as may be appointed by the Council.
(2) The quorum necessary for the transaction of business at a meeting of the Council shall be nine.
(3) The President when present shall preside at every meeting of the . Council and in his absence the Vice-President and in the absence of both any other member elected by the members present from amongst themselves shall preside \it such meeting.
(4) Save as otherwise provided in this Act, all questions which corne up . before any meeting of the Council shall be decided by a majority of the members present and voting.
(5) In the case of an equality of votes, the President shall have a casting vote.
(6) Subject to the provisions of sub-sections (1) to (5), the Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations.
Vacancies in the Council not to invalidate acts, etc.
Appointment of Secretary and other officers or servants
45 of 1860
Executive Committee and other Committees
Fees and allowances
Information to be furnished by the Council and publication thereof
10. No act or proceeding of the Council shall be invalid by reason only of the existence of a vacancy in the Councilor on account of any defect or irregularity in its constitution.
11. (1) The Council may, with the previous sanction of the Central Government, appoint a Secretary (who shall also act as Treasurer unless the Council appoints any other person as Treasurer) and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this Act.
(2) The terms and conditions of service of the Secretary, other officers and employees appointed by the Counc1 shall be such as may be provided by regulations. .
(3) The Secretary, officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
(4) All orders and decisions and other instruments of the Council shall be authenticated by the signature of the Secretary or any other officer of the Council duly authorised by it in this behalf.
12. (I) The Council shall appoint from among its members an Executive Committee and may constitute other Committees for such general or specific purpose as the Council considers necessary and may co-opt any person or persons specially qualified to advise on any matter to any Committee other than the Executive Committee.
(2) A Committee constituted under this section shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction of business. at its meetings as may be provided by regulations.
13. The President and other members and the members of the Committees (other than the members of the Council) shall be paid such fees and allowances for attending the meetings of the Council and the Committees as may be provided by regulations.
14. (1) The Council shall furnish such reports, copies of its minutes, abstracts ofits accounts and otherinformation to the Central Government as that Government may require.
(2) The Central Government may publish in such manner as it may think fit any report, copy, abstractor other information furnished to it under this section.
Recognition of veterinary qualifications granted by veterinary institutions in India
Recognition of veterinary qualifications granted by veterinary institutions in countries with which there is a scheme of reciprocity_II II
15. (1) The veterinary qualifications granted by any veterinary institution in India which are included in the First Schedule shall be recognised veterinary qualifications for the purposes of this Act.
(2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualifications recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognised veterinary ql\alification only when granted after a specified date.
16. (1) The veterinary qualifications granted by veterinary institutions outside India which are included in the Second Schedule shall be recognised veterinary qualifications for the purposes of this Act.
(2) The Council may enter into negotiations with the authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of veterinary practitioners, for the setting of a scheme of reciprocity for the recognition of veterinary qualifications, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to include therein the veterinary qualification which the Council has decided should be recongnised and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.
(3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date.
(4)Where the Council has refused to recommend any veterinary qualification which has been proposed for recognition by any authority referred to in sub-section (2) and the authority applies to the Central Government in this behalf the Central Government, after considering such application and after obtaining from the Council a report, if any , as to the reasons for any such refusal, may, by notification in the Official Special provisions in certain cases for recognition of veterinary qualifications granted by veterinary institutions in countries with which there is no scheme of reciprocity Power to require information as to courses of study and examinations
Inspection of veterinary institutions and examinations
Gazettee, amend the Second Schedule so as to include such qualification therein and the provisions of sub-section (2) shall apply to such notification.
17. (1) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, direct that the Veterinary qualifications granted by veterinary institutions in any country outside India in respect of which a scheme of reciprocity for the recognition of veterinary qualifications is not in force shall be recognised veterinary qualification for the purposes of this Act or shall be so only when granted after a specified date:
Provided that veterinary practice by persons possessing such qualifications
(a) shall be permitted only if such persons are enrolled as veterinary practitioners in accordance with the law regulating the registration of veterinary practitioners for the time being in force in that country;
(b) shall be limited to the institution to which they are attached for the time being for the purpose of teaching, research work, charitable work; and
(c) shall be limited to the period specified in this behalf by the Central Government by general or special order.
(2) In respect of any such veterinary qualification, the Central Government, after consultation with the Council, may, by notification in the Official Gazettee, direct that it shall be a recognised veterinary qualification only when granted before a specified date.
18. Every veterinary institution in a State which grants a recognised 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 ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.
19. (1) A Committee constituted under section 12 may, subject to regulations, if any, made by the Council, appoint such number of veterinary inspectors as it may deem requisite to inspect any veterinary institution or any college or other institution wher veterinary education is given or to attend any examination held by any veterinary institution
Appointment of visitors
Withdrawal of recognition
for the purpose of recommending to the Central Government recognition.
of veterinary qualification granted by that veterinary institution.. .
(2) The veterinary inspectors shall not interfere with the conduct of any
training or examination, but shall report to the Committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend.
(3) The Committee shall forward a copy of any such report to the veterinary institution concerned and shall also forward a copy with remarks, if any, of the said institution thereon, to the Central Government. 20. (I) The Council may appoint such number of visitors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of granting any recognised veterinary qualification.
(2) Any person, whether he is a member or not, may be appointed as a visitor under this section, but a person who is appointed as an inspector under section 19 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President otherwise directs:
Provided that if the Central Government requires a copy of the report of the visitor, the Council shall furnish the same.
21. (1) When upon report by the Committee or the visitor, it appears to the Council
(a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or Minimum standards of Veterinary education...
(b) that the staff, equipment, accommodation, training and other facilities for instructon and traIning provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council,the Council shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the St_te Government of the State in which the veterinary institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the State Government.
(3) On receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendation to the Central Government.
(4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date:
Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research.
22. (1) The Council may, by regulations, specify the minimum standards of veterinary education required for granting recognised veterinary qualifications by veterinary institutions in those States to which this Act extends.
(2) Copies of the draft regulations and of all subsequent amendments thereof shall _e furnished t1y the Council to the State GovefOJIlent concerned and the Council shall, before submitting such regulations or any amendments thereof, as the case may be, to the Central Government for approval, take into consideration the comments of the State
Indian veterinary practitioners register
1 of 1872
Registration in the Indian veterinary practitioners register
Government, received within three months from the furnishing of the copies as aforesaid.
(3) The Central Government may, before approving such regulations or any amendments thereof, consult the Indian Council of Agricultural Research.
(4) The Committee constituted under section 12 shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit.
CHAPTER III
INDIAN VETERINARY PRACTITIONERS REGISTER
23. (1) The Council shall, as soon as may be after the commencement of this Act, cause to be maintained in such form and in such manner as may be provided by regulations a register of veterinary practitioners to be known as the Indian veterinary practitioners register which shall contain the names of all persons who possess the recognised veterinary qualifications and who are for the time being enrolled on a State veterinary register of the State to which this Act extends.
, (2) It shall be the duty of the Secretary of the Council to keep the Indian veterinary practitioners register in accordance with the provisions of this Act and of any orders made by the Council, and from time to time to revise the register and publish it in the Gazette ofIndia orin such other manner as may be provided by regulations.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872, and may be proved by a copy published in the Gazette of India.
(4) Each State Vet_rinary Council shall furnish to the Council six printed copies of the State veterinary register as soon as may be after the 1st day of April of each year and each State Veterinary Council shall inform the Council without delay of all additions to, and other amendments, in the State veterinary register made from time to time.
24. The Secretary of the Council may, on receipt of the report of registration of a person in a State veterinary register or on an application made in such form and in such manner, as may be provided by regulations, by any such person, enter his name in the Indian veterinary practitioners register:
Provided that the Secretary is satisfied that the person concerned
possesses a recognised veterinary qualification.
Issue of certificate of registration
Registration of additional qualifications
Removal of names from the Indian veterinary practitioners register
Person enrolled on Indian veterinary practitioners register to notify change of place ohesldence or practice
25. (1) Any person whose name has been entered in the Indian veterinary practitioners register shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to a certificate of registration.
(2) On receipt of an application under sub-section (1), the Council shall grant to the applicant a certificate of registration in such form as may be provided by regulations:
Provided that on the removal of his name from a register, such certificate shall cease to be valid.
(3) Where it is shown to the satisfaction of the Secretary of the Council that a certificate of registration has been lost or destroyed, the Secretary may, on payment of such fees, not exceeding ten rupees, as may be specified by regulations, issue a duplicate certificate in such form as may be specified in the regulations.
26. (1) If any person whose name is entered in the Indian veterinary practitioners register obtains any post-graduate degree or diploma in veterinary science in addition to his recognised veterinary qualification, he shall, on al1 application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to have an entry stating such degree or diploma made against his name in such register in addition to any entry previously made.
(2) The entries in respect of any such person in a State veterinary register shall be altered in accordance with the alterations made in the Indian,veterinary practitioners register. '
27. If the name of any person enrolled on a State veterinary register is removed therefrom in pursuance of any power conferred under this Act, the Council shall direct the removal of the name of such person from the Indian veterinary practitioners register.
28. Every person registered in the Indian veterinary practitioners register shall notify any transfer of the place of his residence or practice to the Council and the State Veterinary Council within ninety days of such transfer, failing which his right to participate in the election of members of the Councilor a State Veterinary Council shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein.,
Privileges of persons who are enrolled on the Indian veterinary practitioners register
Right of persons who are enrolled on the Indian
veterinary practitioners register
1 of 1872
Professional conduct
CHAPTER IV
PRIVILEGES OF REGISTERED VETERINARY PRACTITIONERS
29. Subject to the conditions and restrictions laid down in this Act, every person whose name is for the time being borne on the Indian veterinary practitioners register shall be entitled according to his qualifications to practise as a veterinary practitioner and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments and other appliances or any fees to which he may be entitled.
30. No person, other than a registered veterinary practitioner, shall(a) hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority;
(b) practise veterinary medicine in any State:
Provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services.
Explanation.- "Minor veterinary services" means. the rendering of preliminary veterinary aid like vaccination, castration and dressing of wounds and such other types of preliminary aid or the treatment of such ailments as the State Government may, by notification in the Official Gazette, specify in this behalf;
(c) be entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner;
(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872, on any matter relating to veterinary medicine.
CHAPTER V DISCIPLINE
31. (1) The Council may, by regulations, specify standards of professional conduct and etiquette and a code of ethics for veterinary practitioners.
Establishment and composition of State Veterinary Councils
Inter-State agreements
(2) Regulations made by the Council under su.j)-section (1) may specify which violations thereof, shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provisions shall have effect notwith standing anything contained in any other law for the time being in force.
CHAPTER VI
STATE VETERINARY COUNCILS
32. (1) Except where a joint State Veterinary Council is established in accordance with an agreement made under section 33, the State Government shall establish a State Veterinary Council consisting of the following members, namely:
(a) four members elected from among themselves by veterinary practitioners registered in the State veterinary register;
(b) the heads of veterinary institutions, if any, in the State, ex officio;
(c) three members nominated by the State Government;
(d) the Director of Veterinary Services of the State (by whatever name called), ex-officio; .
(e) one member to be nominated by the State Veterinary Association, if any;
(f) Registrar of the State Veterinary Council, ex-officio.
(2) The names of persons nominated or elected as members shall be notified by the State Government in Official Gazette.
(3) A person shall not be qualified for nomination or election as a member of the State Veterinary Council unless he holds a recognised veterinary qualification.
33. (1) Two or more State Governments may enter into an agreement to be in force for such period and to-be subject to renewal for further periods, if any, as may be specified in the agreement to provide
(a) for the establishment of a Joint State Veterinary Council for all participating States; or
(b) for the State Veterinary Council of one State to serve the needs
of the other participating States. (2) In addition to such matters as are in this Act specified, an agreement under this section may
Composition of Joint State Veterinary Council
Incorporation of State Veterinary Councils.
(a) provide for the apportionment between the participating State of the expenditure in connection with the State Veterinary Council or Joint State Veterinary Council;
(b) determine which of the participating State Government shall exercise the several functions of the State Govenment under this Act and the references in this Act to the State Government shall be construed accordingly;
(c) provide for consultation between the participating State Governments either generally or with reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be published in the Official Gazettes of the participating States.
34. (1) A Joint State Vetrinary Council shall consist of the following members, namely:
(a) two members elected from among themselves by veterinary practitioners registered in the register of each of the participating State;
(b) the heads of veterinary institutions, if any, in the participating
States, ex-officio; (c) two members nominated by each participating State Government; .( d) the Director of Veterinary Services of each of the participating States, by whatever name called, ex-officio;
(e) one nominee of the State Vetrinary Associations, if any, of each of the participating States;
(1) Registrar of the Joint State Veterinary Council, ex-officio. (2) The names of the persons nominated or elected as members shall be notified by the State Governments in the Official Gazettes of the States. (3) A person shall not be qualified for nomination or election as a member of the Joint State Veterinary Council unless he holds a recognised veterinary qualification.
35. Every State Veterinary Council shall be a body corporate by such name as may be notified by the State Government in the Official Gazette
President
Mode of elections
Terms of office and causal vacancies or, in the case of a Joint State Veterinary Council, as may be determined in the agreement, having perpetual succession and a common seal with power to acquire and hold property, both movable and immova_le, and shall by the said name sue or be sued.
36. The President of the Sate Veterinary Council shall be elected by the members of that Council from amongst themselves in such manner as may be prescribed.
37. The election under this Chapter shall be conducted in the prescribed manner and where any dispute arises regarding any such election, it shall be referred to the State Government for its decision,.
38. (1) Subject to the provisions of this section, a member of the State Veterinary Council, other than an ex-officio member, shall hold office for a term of three years from the date of his election or nomination to the State Veterinary Councilor until his successor has been duly elected or nominated, whichever is longer:
Provided that a member of the State Veterinary Council nominated under clause (c) of sub-section (1) of section 32 or clause (c) of subsection (1) of section 34, shall hold office during the pleasure of the authority nominating him.
(2) Members of the State Veterinary Council shall be eligible for reelection or re-nomination, as the case may be.
(3) An elected or nominated member of the State Veterinary Council shall be deemed to have vacated his office
(a) if he is absent without excuse, sufficient in the opinion of the State Veterinary Council, from three consecutive meetings of
the State Veterinary Council;
(b) ifhe ceases to hold the office from which he has been nominated; (c) in the case of a member whose name is required to be included in any State veterinary register, ifhis name is removed from the register;
(d) ifhe has been convicted of an offence involving moral turpitude and punishable with imprisonment; (e) if he is an undischarged ins,olvent; (t) if he is of unsound mind and stands so declared by a competent court. '-'" (4) No act done by the State Veterinary Council shall be called in
Resignation
Executive and other Committ_s
Fees and allowances
Appointment of Registrar and other Officers or servants
question on the ground merely of the existence of any vanancy, or defect, in the establishment of the State Veterinary Council.
(5) A casual vacancy in the State Veterinary Council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated, as the case may be, to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(6) The State Veterinary Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed. 39. (1) The President of the State Veterinary Council may at any time resign his office by notice in writing addressed to the State Veterinary Council and delivered to the Registrar and the resignation shall take effect from the date on which it is accepted by that Councilor on the expiry of ninety days from the datt':6 of receipt of the resignation by the Registrar, whichever is earlier.
(2) A member of the State Veterinary Council may at any time resign his office by notice in writing addressed to the President of the State Veterinary Council and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier.
40. Subject to such conditions and restrictions as may be prescribed the State Veterinary Council may constitute an Executive Committee and other Committees for exercising any power or discharging any duty of the State Veterinary Council or for inquiring into, reporting with respect to, or advising on, any matter which the State Veterinary Council may refer to them.
41. The President and other members of the State Veterinary Council and the members of the Committees (otherthan the members of the State Veterinary Council) shall be paid such fees and allowances for attending the meetings of the State Veterinary Council and the Committees as may be prescribed.
42. (1) The State Veterinary Council may, with the previous sanction of the S_ate Government, appoint a Registrar who shall also act as Treasurer unless the State Veterinary Council appoints any person as Treasurer and may appoint such other officers and employees as it may deem necessary to carry out the purpose of this Act.
45 of 1860'..
fInformation to be furnished by State Veterinary Council
Preparation and maintenance of State veterinary practitioners register
(2) The terms and conditions of service of the Registrar, and of the other officers and employees appointed by the State Veterinary Council shall be such as may be prescribed.
(3) The Registrar and other officers and employees of the State Veterinary Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
(4) All orders and decisions and other instruments of the State Veterinary Council shall be authenticated by the signature of the Registrar or any other officer of the State Veterinary Council duly authorised by it in this behalf.
(5) Notwithstanding anything contained in sub-section (1), for the first two years from the fITst constitution of the State Veterinary Council, the Registrar of the State Veterinary Council shall be person appointed by the State Government, who shall hold office during the pleasure of the State Government.
43. (1) The State Veterinary Council shall furnish such reports, copies of its minutes and of the minutes of the Executive Committee and abstract of its accounts to the State Government as the State Government may from time to time require and shall forward to the Council copies of all material so furnished to the State Government.
(2) The State Government may publish in such manner as it thinks fit any report, copy or abstract furnished to it under this section.
CHAPTER VII REGISTRATION
44. (1) The State Government shall as soon as may be, cause to be prepared in the manner hereinafter provided a register of veterinary practitioners to be known as the State Veterinary Register for the State. (2) The State Veterinary Council shall on its establishment assume the duty of maintaining the State veterinary register in accordance with the provision of this Act.
(3) The State veterinary register shall contain the names ofthe persons possessing the recognised veterinary qualifications.
(4) The State veterinary register shall include the following particulars, namely:
(a) the full name, nationality and residential address of the registered person;
First preparation of register
Qualifications for entry on preparation of register
(b) the date of his admission in the State veterinary register;
(c) his qualification for registration and the date on which he obtained such qualification and authority which conferred it; (d) his professional address; and
(e) such further particulars as may be prescribed.
45. (1) For the purpose of first preparing the State Veterinary Register, the State Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons holding recognised veterinary qualification and shall also appoint a Registrar who shall act as Secretary of the Tribunal.
(2) The State Government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by the prescribed fee, not exceeding twentyfive rupees, shall be made to the Registration Tribunal.
(3) The Registration Tribunal shall examine every application received on or before the appointed date, and, if it is satisfied that the applicant is qualified for registration under section 46, shall direct the entry of the name of the applicant on the register.
(4) The register so prepared shall thereafter be published in such manner as the State Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register as so published may, within sixty days from the date of such publication, appeal to an authority appointed by the State Government in this behalf by notification in the Official Gazette.
(5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under sub-section (4) and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form.
(6) Upon the establishment ofthe State Veterinary Council, the register shall be given into its custody, and the State Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the State Veterinary Council.
46. A person shall be entitled, on payment of the prescribed fee, not exceeding twenty-five rupees, to have his name entered on the State veterinary register if he resides in the State and if he holds a recognised veterinary qualification.
Scrutiny of applications for registration
Renewal fees
47. (1) After the date appointed for the receipt of applications for registration under sub-section (2) of section 45, all applications for registration shall be addressed to the Registrar of the State Veterinary Council and shall be accompanied by the prescribed fee not exceeding twenty-five-rupees.
(2) If upon such application the Registrar of the State Veterinary Council is of the opinion that the application is entitled to have his name entered on the State veterinary register, he shall enter thereon the name of the applicant:
Provided that no person, whose name has under the provisions of
. this Act been removed from the State veterinary register of any State, shall be entitled to have his name entered on the State veterinary register of another State except with the approval of the State Veterinary Council from whose register his name was removed.
(3) Any person whose application for registration is rejected by the Registrar of the State Veterinary Council may, within three months from the date of such rejection, appeal to the State Veterinary Council. (4) A person aggrieved by the decision of the State Veterinary Council under sub-section (3) may, within sixty days from the communication to him of such decision, appeal to the State Government.
(5) Upon entry in the State veterinary register of a name under this section; the Registrar of the State Veterinary Council shall issue a certificate of registration in the prescribed form.
48. (1) The State Government may, by notification in the Official Gazette, direct that for the retention of a name in the State veterinary register, there shall be paid in every five years to the State Veterinary Council, such renewal fee, not exceeding fifteen rupees, as may be prescribed and where such direction has been made, such renewal fee shall be due to be paid before the I st day of April of the year to which it relates.
(2) Where a renewal fee is not paid within the said period, the Register of the State Veterinary Council shall remove the name of the defaulter from the State veterinary register:
Provided that a name so removed may be restored to the said register on payment of renewal fee in such manner as may be prescribed. (3) On payment of the renewal fee, the Registrar of the State Veterinary Council shall issue a certificate of renewal and such certificate shall be proof of renewal of registration.
Removal from the register.
49. (1) Subj_ct to the provisions of this section, the State Veterinary Council may order that the name of any person shall be removed from the State veterinary register where it is satisfied after giving that person a reasonable opportUnity of being heard and after such further inquiry, if any, as it may think fit to make
(a) that his name has been entered in the State veterinary register by error or on account of mis-representation or suppression of a material fact, or
(b) that he has been convicted of an offence involving moral turpitude and punishable with imprisonment or has been guilty of any infamous conduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics which in the opinion ofthe State Veterinary Council renders him unfit to be kept in the said register.
(2) An order under sub-section (1) may direct that any person whose name is ordered to be removed from the State veterinary register shall be ineligible for registration under this Act, either permanently or for such period of years as may be specified.
(3) An order under sub-section (1) shall not take effect until the expiry of three months from the date thereof or until an appeal, if any, on such order is finally disposed of, whichever date is later.
(4) A person aggrieved by an order under sub-section (1) may, within sixty days from the communication to him of such order, appeal to the Council.
(5) A person aggrieved by the decision of the Council under sub-section (4) may, within sixty days from the communication to him of such decision, appeal to the Central Government.
(6) A person whose name has been removed from the register under this section or under sub-section (2) of section 48 shall forthwith surrender his certificate of registration and certificate of renewal, if any, to the Registrar of the State Veterinary Council and the name so removed shall be published in the Official Gazette.
(7) A person whose name has been removed from the State veterinary register under this section or sub-section (2) of section 48, shall not be entitled to have his name registered in the State veterinary register or in any other State veterinary register, except with the approval of the State Veterinary Council from whose register his name has been removed.
Restoration to State veterinary register
Printing of State veterinary register
Transfer of registration
Bar of jurisdiction
"""'"SO. The State Veterinary Council may, at any time for reasons appearing to it sufficient and subject to approval of the Council, order that upon payment of the prescribed fee not exceeding twenty-five rupees, the name of a person removed from a State veterinary register shall be restores thereto.
51. As soon as may be after the 1 st day of April each year, the Registrar of the State Veterinary Council shall cause to be printed copies of the State veterinary register as it stood on the said date and such copies shall be made available to persons applying therefor on payment of the prescribed charge not exceeding ten rupees and shall be evidence that on the said date the persons whose names are entered therein were registered veterinary practitioners.
CHAPTER VIII
MISCELLANEOUS
52. Where a registered veterinary practitioner of one State is practising veterinary medicine in another State, he may, on payment of prescribed fee which shall not exceed the renewal fee for registration in such other State, make an application in the prescribed form to the Council for the transfer of his name from the State veterinary register of the State where he is registered to the State veterinary register of the State in which he is practising veterinary medicine, and on receipt of any such application, the Council shall, notwithstanding anything contained elsewhere in this Act, Clirect that the name of such person be removed from the firstmentioned State veterinary register and entered in the State veterinary register of the second-mentioned State and the State Veterinary Councils concerned shall comply with such direction:
Provided that such a person shall be required to produce a certificate to the effect that all dues in respect of his registration in the former State have been paid:
Provided further that. where any such application for transfer is made by a, veterinary practitioner against whom any disciplinary proceeding is pending or where for any other reason it appears to the Council that the application for transfer has not been made bonafide and the transfer should not be made, the Council may, after giving the veterinary practitioner a reasonable opportunity of making a representation in this behalf, reject the application.
53. No order refusing to entera name in a register or removing a name from a register shall be called in question in any court.
Issue of duplicate certificates
Penalty for falsely claiming to be registered
Misuse of titles
Practice by unregistered persons
Failure to surrender certificate of registration
54. Where it is shown to the satisfaction of the Registrar of the State Veterinary Council that a certificate of registration or a certificate of renewal h_s been lost or destroyed, the Registrar may, on payment of the prescribed fee, not exceeding ten rupees, issue a duplicate certificate in the prescribed form. .
55. If any person whose name is not for the time being entered in a registet falsely represents that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.. '
56. If any person (a) not being a person registered ina register, takes or uses the
description of a veterinary practitioner, or
(b) 'not possessing a recognised veterinary qualification, uses a degree or a diploma or a licence or an abbreviation indicating or implying such qualification, he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both.
57. (1) After the expiry of one year from the date appointed under subsection (2) of section 45, no person, other than a registered veterinary practitioner or a person permitted, by the State Government under the proviso to clause (b) of section 30 shall practise veterinary medicine or render minor veterinary services, as the case may be, in that State.
(2) If any person contravenes the provision of sub-section (1), he shall be punishable on first conviction with imprisonment which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both.
58. If any person whose name has been removed from a register fails without sufficient cause forthwith to surrender his certificate of registration or certificate of renewal, or both, he shall be punishable with fine which may extend to five hundred rupees and in case of a continuing offence with an additional fine which may extend to ten rupees per day after the first day during which the offence continues.
Cognizance of offence
Bar of suit and other legal proceedings
Payment of part of fees to Council
Accounts and audit
59. No court shall take cognizance of any offence punishable under this Act except upon complaint made by order of the State Government or State Veterinary Council.
60. No suit or other legal proceeding shall lie against the Central Government or the State Government or the Councilor a State Veterinary Council in respect of anything which is in good faith done or intended to be done in pursuance of this Act, or of any rules, regulations or orders made thereunder.
61. The State Veterinary Council shall, before the end of June in each year, pay to the Council a sum equivalent to one-fourth of the total fees realised by the State Veterinary Council under this Act during the period of twelve months ending on the 31st day of March of that year.
62. (1) The Council shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Council shall be audited by th_ Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Council to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of
. India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers and to inspect the office of the Council.
(4) The accounts of the Council as certified by the Comproller and Auditor-General ofIndia or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each house of Parliament.
(5) A copy of the accounts of the Council as so certified together with the audit report thereon, shall be forwarded simultaneously to the Council.
Appointment of Commission of Inquiry r_!it'"
Power of Central Government to make rules II\'I
63. (1) Whenever it appears to the Central Government that the Council is not complying with any of the provisions of this Act, the Central Government may appoint a Commission of Inquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being the judge of a High Court and one by the Council and refer to it the matter on which the inquiry is to be made.
(2) The Commission shall proceed to inquire in a summary manner and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend. (3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration.
(4) After the report is finally accepted, the Central Government may order the Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission.
(5) Whenever it appears to the State Governmentthatthe State Veterinary Council is not complying with any of the provisions of this Act, the State Government may likewise appoint a similar Commission of inquiry in respect of the State Veterinary Council to make inquiry in like manner and pass such orders or take such action as specified in sub-sections (3) and (4).
64. (1) The Central Government may, by notification in the Official.
Gazette, make rules to carry out the purposes of Chapters II, III, IV, V. (2) Every rule made by the Central Government under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successiye sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Power of State Government to make rules
65. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters VI, vn and VIII.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely
(a) the manner in which the President of the State Veterinary Council shall be elected under section 36;
(b) the manner in which election under Chapter VI shall be conducted;
(c) the procedure to be observed by the State Veterinary Council at its meetings under sub-section (6) of section 9;
(d) the conditions and restrictions with respect to the constitution of Executive Committee and other Committees under section 40;
(e) the fees and allowances for attending the meetings of the State Veterinary Council and the Committees under section 41 ;
(f) the terms and conditions of appointment of the Registrar, other officers and employees of the State Veterinary Council under sub-section (2) of section 42;
(g) the particulars to be included in the State veterinary register under clause (e) of sub-section (4) of section 44;
(h) the fee which shall be accompanied by an application for registration under sub-section (2) of section 45 and sub-section (1) of section 47;
(i) the form of certificate of registration under sub-section (5) of section 45 and sub-section 47;
(j) the fee payable under section 46, section 50, section 52 and section 54; (k) the renewal fee under sub-section (1) of section 48; (1) the manner of payment of renewal fee under the proviso to sub section (2) of section 48;
(m) the charge for supplying printed copies of the State Veterinary Register under section 51;
(n) the form of duplicate certificate under section 54;
Power to make regulations
(0) any other matter which is to be or may be prescribed under
Chapters VI, VII and VIII.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House. '. .
66. (1) The Council may, with the previous approval of the Central Government, make regulations, not inconsistent with the p.rpvisions of this Act and the rules made under section 64, to carry out the purposes of Chapters II, ill, IV and V.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely
(a) the manner in which the President and Vice-President shall be elected under sub-section (4) of section 3;
(b) the procedure to be observed respectively by the Council and the Committee at their meeting under sub-section (6) of section 9 and sub-section (2) of section 12;
(c) the terms and conditions of appointment of the Secretary, other officers and employees of the Council under sub-section (2) of section 11;
(d) the fees and allowances for attending the meetings of the Council and the Committees under section 13;
(e) the form and manner in which the Indian Veterinary Practitioners Register shall be maintained under sub-section (1) of section 23;
(f) the manner of keeping the Indian Veterinary Practitioners Register under sub-section (2) of section 23;
(g) the form and manner in which an application may be made under section 24;
(h) the form of application and the fee payable under sub-section (1) of section 25; (i) the form of certificate of registration under sub-section (2) of section 25;
(j) the fee payable under sub-section (3) of section 25;
Repeal and saving
10 of 1897
(k) the form of duplicate certificate under sub-section (3) of section 25;
(1) the form and manner in which an application may be made and the fee payable under sub-section (1) of section 26;
(m) the standards of professional conduct and etiquette and code of ethics to be observed by veterinary practitioners under sub section (1) of section 31;
(n) any other matter for which under this Act provision may be made by regulations.
(3) Every regulation shall, as soon as may be after it is made by the Council, be forwarded to the Central Government and the Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified forIn or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 67. As from the commencement of this Act in any State, every other Act relating to any matter contained in this Act and in force in that State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed and the provisions of section 6 of the General Clauses Act, 1897, shall apply to such repeal as if such other Act were a Central Act.
THE FIRST SCHEDULE [See section2 (e) and section 15J
RECOGNISED VETERINARY QUALIFICATIONS GRANTED BY UNIVERSITIES OR VETERINARY INSTITUTIONS IN INDIA
University or veterinary institution 1Recognised veterinary qualification 2Abbreviation for registration
1. Agra University
2. Andhra Pradesh Agricultural University
3. Assam Agricultural University
4. Bidhan Chandra Krishi Viswa Vidyalaya
5. University of Bihar
6. University of Bombay
7. University of Calcutta
8. University of Calicut
9. Chandra Shekhar Azad University of Agriculture and Technology
10. Gauhati University
11. Govind Ballabh Pant University of Agriculture and Technology
12. Gujarat Agricultural University
13. Haryana Agricultural University Hisar
14. University of Jabalpur
15. Jawaharlal Nehru Krishi Vishwa Vidyalaya
16. Kerala Agricultural University
17. University of Kerala
18. Konkan Krishi Vidyapeeth
19. University of Madras
20. Magadh University
21. Maharashtra Agricultural University
22. Mahatma Phule Krishi Vidyapeeth
23. Marathwada Krishi Vidyapeeth
24. University of Mysore
25. Nagpur University
26. Orissa University of Agriculture & Technology
27. Osmania University
28. Punjab University Lahore (1942-Aug. 1947)
29. East Punjab University Solan (1948-54)
30. Punjab University,Chandigarh (1954-62)
31. Punjab Agricultural University
32. Punjabrao Krishi Vidyapeeth
33. Rajasthan Agricultural University
34. University of Rajasthan
35. Rajendra Agricultural University
36. Ranchi University
37. Sardar Patel University
38. University of Saugar
39. Sri Venkateswara University 40. Tamil Nadu Agricultural University
41. University of Udaipur
42. University of Agricul tural Sciences, Hebbal
43. Uttar Pradesh Agricultural University,Pantnagar.
44. Utkal University
45. Vikram University
46. Mohan Lal Sukhadia University
VETERINARY COUNCIL OF INDIA (STANDARDS OF PROFESSIONAL CONDUCT, ETIQUETTE AND CODE OF ETHICS FOR VETERINARY PROFESSIONAL) REGULATIONS, 1992
_ I I I_L_16/15, W. E. A., ARYA SAMAJ ROAD, KAROL BAGH, NEW DELHI-II0005
Courtesy: Punjab Veterinary Council, 520, Sector 33-8, Chandigarh.
VETERINARY COUNCIL OF INDIA NOTIFICATION
New Delhi, the 1stApri/, 1992
G.S.R. 395 (E).-In exercise of the powers conferred by section 66 read with section 31 ofIndian Veterinary Council Act. 1984 (52 of 1984) the Veterinary Council ofIndia, with previous approval of the Central Government, hereby makes the following regulations, namely:g-to the terms used within the said regulations.
(d) 'Patient' shall mean an animal, bird or a group of them being treate<;l or managed
or advised to be treated or managed by a veterinarian. .
(e) 'Client' means the legel owner'of the patient or his representative, or the person
or persons directly assigned responsibility of the patient.
(f) 'Profession' means veterinary profession covering all its branches, namely, animal health, animal production and technology, and shall include any sister profession wherein veterinary serviceis extended or is sougJ;1t or is made use of, namely laboratory animal medicine, animal. experimentation and vaccine production.
3. Declaration and oath by a Veterinarian.
Being admitted to the profession of veterinary medicine, I solemnly swear to use my scientific know ledge and skills for the benefit of society through the protection of animal health, the .relief of animal suffering,' the conservation of livestock resources, the promotion of public health, and the advancement of knowledge in veterinary science.
I shall practise my profession conscientiously, with dignity, and in keeping with the principles of veterinary medical ethics.
I accept as a lifelong obligation the continuous improvement of my professional knowledge and competence.
,GENERL PRINCIPLES
4. Character of the veterinarian.
The primary object of the veterinary profession is to render service to humanity by facilitating better animal production, ensuring veterinary public health as also caring for the sick animals and alleviating their suffering; financial reward is always a subordinate consideration. Whosoever, chooses the profession, assumes the obligation to conduct oneself in accordance with the noble ideals of serving the dumb and mute creatures. The veterinarian shall be an upright person and shall be sincere and diligent in caring for the sick and managing the healthy animals. He/She shall be modest, sober, and prompt in discharging his/her duties.
He/She shall conduct himself/herself with propriety in his/her profession and in all actions of his/her life.
I I II
5. Standards of character and morals.
The veterinary profession expects from its members the highest level of character and morals. Every veterinarian owes to the profession and the public a duty to achieve such a level. It shall be incumbent on veterinarians to be temperate in all matters of practice of the profession and to exercise clear and vigorous application of mind.
6. Veterinarian's responsibility. .
A veterinarian shall merit the trust and confidence of his/her clients, rendering their animals full measure of service with devotion. The honoured ideals imply that responsibilities of a veterinarian extend not only to one client and the animals he brings but also to the entire society.
7. Advertising.
Soliciation of clients by a veterinarian directly or indirectly through an advertisement in newspapers, circular cards, placards, or handbills in a manner projecting himself/ herself to be in a position of superiority which he/she himself/ herself has not achieved, is untheical. .
A veterinarian should not make use of or let others make use of him/her or his/her name as a subject of any form or maimer of advertising or publicity through lay channels which shall be of such a character as to invite attention to himlher or his/ her professional position or skill or as would ordinarily result in his/her self-aggrandisment; provided that a practitioner is permitted formal announcement in press about the following matters namely:
(1) Starting of hislher practice. (2) Change of type of practice. (3) Change of address.
(4) Temporary absence from duty. (5) Resumption of practice.
- (6) Succeeding to another's practice.
He/She shall further not advertise directly or indirectly through price lists or publiCity
, materials of manufacturing firms or traders with whom he/she may be connected in any capaCity, nor shall he/ she publish cases, operations or letters of thanks from patients in non-professional newspapers or journals; provided that it shall be permissible for him! her to publish hislher name in connection with a technical expert's report or publication in a professional journal.
8. Fee for professional service.
A veterinarian engaged in practice, advisory service/consultancy, shall limit the source of hislher income to the fee received for services rendered to the client. Remuneration received for such services shall be in the form and amount speCifically announced to the client at the time the service is rendered.
9. Patent and Copyrights.
A veterinarian may patent surgical instruments, appliances and mediCine or copyright
- applications of methods and procedure.
-10. Running an Open Shop. (Dispensing of drugs and appliances by veterinarians).
A veterinarian shall not run an open shop for sale of medicine for dispensing-prescriptions
by doctors other than himself.
11. Rebates, gifts and commissions.
A veterinarian shall not give, soliCit or receive nor shall he/she offer to give, soliCit or receive, any gift, gratuity, commission or bonus in consideration for the referring or procuring of, any client for speCialist/expert service. or exclusive treatment/advice thereof; nor shall he/she receive any commission or other benefit from a professional colleague, trader of mediCine or appliances or from a technologist.
12. Secret Remedies.
The prescribing or dispensing by a veterinarian of secret medicines or other secret remedial agents, of which he/she does not know the composition or tl?-e manufacture, or promotion of their use, is unethical.vasion of Legal Restrictions.
A veterinarian shall observe the laws of the country in regulating the practice of
veterinary medicine and will not assist others to evade such laws. He/She should cooperate in the observance and enforcement of sanitary laws and regulations in the interest of public health. A veterinarian shall observe provisions of the State Acts like Drugs Act, Pharmacy Act, Rules and Regulations made by the Central Government, State Governments or Local Self Governments and Administrative Bodies for protection and promotion of veterinary public health. .
DUTIES OF VETERINARIANS TO THEIR CLIENTS AND PATIENTS
14. Obligation to the patient.
. Though a veterinarian is not bound to treat cases of each and every one asking for his/ her service, except in emergencies, he/she shall for the sake of humanity and the noble tradition of the profession, not only be ever ready to respond to the need of the sick and injured animalslbirds, but shall also be mindful of the high character of hislher mission and the responsibilty he/she incurs in the discharge of hislher professional duties.
15. Patient not to be neglected.
A veterinarian is free to choose whom he/she will serve, provided that he/she shall respond to, any request for hislher assistance in an emergency or whenever temperate public opinion expects the service.
Once having undertaken a case, a veterinarian shall not neglect the patient nor shall he/ she withdraw from the case without giving notice to the client sufficiently in advance, to allow him secure another professional veterinarian.
16. Termination of service.
(a) A veterinarian shall withdraw hislher service under following valid reasons:
(i) Where he/she finds another veterinarian in attendance.
(ii) Where remedies/advice other than those prescribed by himlher are being used. (Hi) Where hislher remedies/advice and instructions are refused.
(iv) Where he/she feels that the illness or the'need ofhislher service is an imposture and that he/she is being made a party to a false pretence.
(v) Where a client is resorting to the use of intoxicating drugs, means of quackery or witchcraft against medical advice; and
(vi) Where complete informationlhistory concerning the fact and circumstances of the case are not supplied by a client.
(b) The discovery that the malady is incurable/the client's problems are unsolvable, is no. excuse to discontinue attendance by a veterinarian as long as hislher client desire the service.
17. Act of negligence.
(1) No veterinarian shall wilfully commit an act of negligence that may deprive patient of the care that is absolutely necessary.
(2) A veterinarian is expected to show such diligence and skill in service as would be
expected of another veterinarian of similar qualifications, experience and attainments.
(3) His/Her acts of commission or ommission shall not be judged by any non-veterinary standards, but as those expected from aveterinarian of his/her training, standing and experience.
(4) A veterinarian shall use any drug prepared under standard pharmacological principles and shall adopt all necessary preparations/precautions, like sterilization and verification of doses as are normally prescribed for that drug.
18. Behaviour to patients.
The demeanour of a veterinarian towards his/her patient shall always be kind. tender and full of patience. Every patient shall be treated with attention, consideration and concentration. .
19. Visit.
Notwithstanding the fact that a veterinarian is not bound to visit his/her patient! client, he/she shall make it at the indicated hour, once he/she had committed to do so.
20. Prognosis.
(a) A veterinarian shall neither exaggerate nor minimise the gravity of a patient's condition. He/she shall ensure that the legal owner of the patient has such know ledge of the patient's condition as will serve the best interest of the patient and its owner (client).
(b) In case of dangerous manifestations, or when grave and highly communicable diseases are encountered, he/she shall not fail to inform the client and those to whom the disease can be of potent danger.
DUTIES OF VETERINARIANS TO THE PROFESSION
21. Upholding the honour of the profession.
A veterinarian is expected to uphlod the dignity and honour of his profession.
22. Membership of societies.
For the adv_ncement of his/her profession a veterinarian may affiliate himself/herself with professional societies and contribute his/her time, means and energy to their progress, so that they may represent and promote the ideals of the profession better.
23. Safeguarding the profession.
Every veterinarian shall aid in safeguarding the profession against admission to it those who are deficient in moral character or education. He/She should not employ in connection with his/her professional practice, any unqualified personnel to treat or perform operation upon patients.
24. Exposure of unethical conduct. Exposure of unethical conduct on the part of any member of the profession shall be done without fear of favour. The incompetent, corrupt, dishonest or unethical conduct on the part of any member of the profession shall be discouraged at any cost.
25. Apponitment of substitute.
Whenever a veterinarian (hereinafter mentioned as absent veterinarian) requests another veterinarian to attend to his/her patient/clients during his/her temporary absence from practice, professional courtesy requires the acceptance of such an appointment by the latter, if consistent with his/her other duties. The veterinarian under such appointment shall give utmost consideration to the interest and reputation ofthe-'absent' veterinarian. He/She shall not charge either the patient or the absent veterinarian for his/her services, except in case of special arrangement between them. All such patients shall be restored to the care of the absent veterinarian upon his/her return.
26. Professional services of veterinarians to one another.
(1) There is no rule that a veterinarian shall not charge another veterinarian or a member of a sister profession for service rendered. But a veterinarian shall consider it a pleasure and privilege to render gratuitous service to his/her professional brothren, if they are in his/her vicinity, or to a veterinary student.
(2) When a veterinarian is called from a distance to attend to a case of a fellow veterinarian or a member of a sister profession, reimbursement shall be made for travelling and other incidental expenses.
(3) A veterinarian called in any emergency to visit a patient under the care of another veterinarian, shall, when the emergency is over, retire in favour of the latter; but shall be entitled to charge the client for his/her services.
(4) When a veterinarian is consulted at his/her own residence, it is not binding on him! her to enquire if the patient has been under the care of another veterinarian. But in the interest of the patient, he/she shall, while ascertaining history, go through the treatment followed, if any. However, it is unethical that this information be used to malign or instigate against, directly or indirectly, the veterinarian who happened to attend on the patient previously. When a veterinarian sees a patient at the request of another veterinarian, it shall be the duty of the first veterinarian to write a letter to the veterinarian making the request stating his/her opinion of the case with the modes of treatment he/she thinks proper to be adopted.
27. (1) If a veterinarian is engaged to attend on a patient of dystokia or a similar distress he/ she shall do so. Refusal to do so under excuse of another engagement is unethical except, when he/she is already engaged in similar or another serious case(s).
(2) When a veterinarian engaged to attend a serious case is absent and another veterinarian is sent for, the latter shall be entitled to legitimate fees; provided that he/she shall secure the client's consent to withdraw on arrival of the former at a mutually consented or logical phase.
28. When it becomes the duty of a veterinarian occupying an official position to see and report on an illness or injury or any other professional problems concerning a patient, he/she shall do so, but communicate to the veteriuarian in attendance, so as to give him/her an option to be present. The former shall avoid remarks on the diagnosis or treatment that has been adopted. This does not prevent him/her from discussing the matter with the latter in isolation.
DUTY OF PRACTITIONERS IN CONSULTATION
29. Consultation shall be encouraged.
In case of serious illness/doubtful or difficult conditions, a veterinarian shall always request consultation; he /she shall also do so in the case of major surgical interventions, outbreak of herd diseases, poisoning, endemics or undiagnosable situations.
30. Punctuality in consultations.
Punctuality shall be observed by a veterinarian in attending a consultation. If a conaultant veterinariaQ does not arrive within reasonable time, keeping in view the distance he/she has to travel and other relevant factors, the consulting veterinarian shall be at liberty to see the patient; provided that he/she shall leave hislher conclusion in writing in a closed envelope. The same rule is applicable if the consulting veterinarian fails to turn up in time.
31. Patient referred to another veterinarian.
, (1) When a patient is referred to another veterinarian, a statement of the history,
observation, clinical and laboratory examination as well as the tentative treatments. undertaken shall be given.
(2) On receipt of the above statement the veterinarian receiving the referred case shall communicate his/her opinion to the attending veterinarian and either shall continue the treatment, as per his/her opinion or return the case alongwith hislher opinion communicated.
32. Consultation for patient's benefit.
In every consultation, the benefit of the patient shall be of prime importance. It should not be done with an ulterior motive of evasion of responsibilities or on monetary considerations.
t33. Conduct of consultation.
(1) In consultation, there shall be no placefor insincerity, rivalry or envy. All due respect shall be shown to the veterinarian in charge of the case and no statement or remark shall be made which would impair the confidence reposed in himlher by the client. For this purpose no such discussion shall, therefore, be made before the client.
(2) All statements to the client shall be made in the presence of consulting veterinarian, except as otherwise agreed. Announcement to the client also shall be made by the consulting veterinarian to the extent possible.
(3) Difference of opinion shall not be divulged unless both feel that it would be in the interest of the patient or dignity of the profession.
(4) It shall be open to the client to take further advice and the consulting veterinarian with the consent of the client may consult yet another veterinarian, the rules of ethics remaining the same.
34. Cessation of consultation.
Attendance of consulting veterinarian shall cease when consultation is concluded; unless another appointment is arranged by the attending veterinarian.
35. Treatment after consultation.
(1) No decision shall restrain the attending veterinarian from making such subsequent
variation in the treatment as any unexpected change or development may demand;
provided that at the next consultation, reasons for veriations are stated.
(2) The same privilege, with its obligations, belongs to the consultant when sent for in an emergency during the absence of attending veterinarian. The attending veterinarian may prescribe at any time; but the consultant only in case of emergency or instant need. All treatments by both shall be stated to each other.
36. Consultant not to take charge of the case.
When a consultant veterinarian is called upon to be consulted, none but the rarest and most exceptional circumstances shall justify the consultant taking charge of the case. He must not do so merely on solication of the client or his representative.
37. Bar on consulting non-registered veterinary practioners. .
No veterinarian shall have consultation with a veterinary practitioner who is not registered.
DUTIES OF VETERINARIANS TO THE PUBLIC
38. Veterinarian as-citizen.
Veterinarians, as good citizens, possess special training, shall advise concerning the health and husbandry of the animals, in the localities wherein they dwell. They shall play their part in enforcing the laws of the community (not involving any communal ovettones or
prejudices) and in substantiating the institutions that advance the interests of humanity. They shall cooperate with the authorities in the observance and enforcement of sanitary laws and the laws relating to drugs, poisions and pharmacy, made for the protection of health.
39. Public health.
A veterinarian engaged in public health work shall enlighten. the public concerning quarantine regulations and measures for the prevention of epizootic, zoonotic and food borne diseases and intoxications and communicable diseases. At all times, the veterinarians shall notify the respective authorities of every case of communicable disease under their care, in accordance with the laws, rules and regulations of the authorities. When an epidemic prevails, the veterinarian shall continue his/her labour without regard to the risk to his/her own health. He/She shall endeavour to ensure hygienic handling of animal products and wastes thereof and educate the public of food-brone diseases and intoxications.
40. Livestock product_on and technology.
A veterinarian shall strive for the betterment of animal production through timely advice/propaganda on scientific management involving economically viable and hygienic housing, adoption of scientific breeding schedule, disease prevention routines, reproductive health monitoring, hygienic and systematic care before, at _nd following partutrition, care of new born, hygienic collection of farm products and proper disposal of animal products and wastes thereof. .
He/She should strive to educate the public and paraveterinary staff personnel regarding timely insemination and as,eptic handling during AI. and discourage the unscientific and unhygienic inseminations..
DISCIPLINARY ACTION 41. The Veterinary Council of India brings to the notice of the registered veterinary
practitioners the following:
In matters regarding offences and form of professional misconduct, which may be brought before the appropriate Veterinary Council for disciplinary action, in view of the authority conferred by section 31 of the Act. 'The appropriate Veterinary Council may a_ard such punishments as deemed necessary or may direct the removal altogether, or for a specific period, from the register, the name of any registeredveterinary practitioner, who has been convicted of any such offence as implies in the opinion of the Veterinary Council(s), a defect of character or who after an enquiry at which opportunity has been given to such registered veterinary practitioners to be heard in person or through a pleader, has been held by the appropriate Veterinary Council to have been guilty of serious professional misconduct. The appropriate Veterianry Council may also direct that any name so removed shall be restored.
,It must be clearly understood that the instances of offences and of professional misconduct which are given do not constitute and are not intended to constitute a complete list of the infamous acts which may be punished by erasure from the register and that by issuing this notice the Veterinary Council of India and/or State Veterinary'
Council(s) is/are in no way precluded from considering and dealing with any professional misconduct on the part of a registered veterinary practitioner. Circumstances may and do arise from time to time in relation to which may occur questions of professional misconduct which do not come within any of these categories. Every care should be taken that the code is not violated in letter or spirit. In such instance, as in all others the Veterinary Council ofIndia and/or State Veterinary Council( s) haslhave to consider and decide upon the facts brought before the Veterinary Council of India and/or State Veterinary Council(s).
42. Professional Misconduct.
The fol1owing actions shall constitute professional misconduct:
(1) Improper conduct with a patient or maintaining an improper association with a client. (2) Conviction by a Court of Law for offences involving moral turpitude.
(3) Tampering with or falsely providing professional certificates, reports and other documents. The registered veterinary practitioners are in certain cases bound by law to give or may from time to time be called upon or requested to give signed certificates, reports and other documents of kindred character by courts, administrative offices, banks etc. as part of veterinary service (see Section 30 of the Act).
(1) Notwithstanding the existence of other similar and/or kindred documents, such documents shall include:
(a) A vaccination certificate for licensing of pets.
(b) A vaccination certificate for transport across border from one state to another. (c) A vaccination certificate for export of animals.
(d) A soundness certificate for a horse or health certificate for cattle for the purpose
of insurance, registration, etc.
(e) A certificate indicating results of tests (diagnotic) like tuberculin test.
(t) Post-mortem reports in vetrolegal cases, for the purpose of insurance claims etc. (g) Trauma certificate indicating the extent and nature of damage and/or deterioration, .
in vetrolegal cases involving accidents, cruelty or vindication.
(h) Birth certificates required at times for purpose of insurance, registrations, loans etc. (i) A certificate indicating reproductive defects, diseases and other conditions rendering an animal uneconomic (fit for culling).
(j) A certificate for euthanasia where treatment is unlikely to be rewarding and; a certificate of performance of euthanasia.
(k) Quarantine clearance certificate for having cleared quarantine at places of disembarkation ofanimals/birds/livestock products.
(2) Any registered veterinary practitioner who shall be proved to have signed or given under his/her name and authority any such certificate, report or document of a kindred character which is untrue, misleading or improperly relating to the several matters, some of which are specified above, is liable to have his/her name erased from the Indian Veterinary Practitioners' Register.
(3) A registered veterinary practitioner shall maintain a Register of Veterinary Medical Certificates giving full details of certificates issued.
(4) When issuing such a certificate, he/she should record the identification mark of the patient, name or number, if any, age and other details including owner's name and keep a copy of the Certificate for record yvith him. The client's signature and lor thumb impression and a declaration that he is the genuine owner of the patient oris his authorised representative shall invariably be obtained.
4. Contravention of the provision8 of law relating to drugs and regulations made there under.
5. Selling a drug or poison regulated by law to the public or his/her clients, save as pro
vided by that law.
6. Performing, or enabling an unqualified person to perform, any illegal operation for
which there is no medical, surgical or psychological indication.
7. Affixing a signboard on a chemist's shop or in places where the veterinarian does not
reside or work. This should not be construed to mean announcement, boards or direct
ion indicators.
8. While displaying a board or a name plate, to write anything other than his/her name, qualifications obtained from a University or a statutory body, titles and names of his I her speciality, if any (such name being the content of his/her prescription papers), and the registratiOlQlUmber.
9. Before ._thanasia or before performing an operation not obtaining in writing the consentttom the client.
10. Using touts or agents for procuring patients.
43. Disciplinary Committees.
There shall be a Disciplinary Committee charged with the duty of considering and deteI1I)ining :
(a) Any case of indiscipline referred to them by State Veterinary Councilor appeal
by aggrieved registered veterinary practitioners.
(b) Any other case of which the Disciplinary Committee has cognisance. 44. The State Veterinary Council shall investigate, through Committee(s )/Sub Committee(s)
(by fact-finding and receiving complaints), regarding:
(a) Regi:,l__ed veterinary practitioners being convicted of any criminal offence
which in the opinion of the committee renders himlher unfit to practise
veterinary profession.
(b) Any such veterinarian detected/judged to have been guilty of disgraceful
conduct in any professional respect.
(c) Any person whose name is fraudulently entered in the register.
45. The State Veterinary Council( s) shall on receipt of complaints regarding any unregistered individual and individuals who while rendering minor veterinary services described under sub-section (b) of section 30 of the Act, undertake unsupervised treatment! veterinary service assuming himself/ herself to be a veterinarian, shall make necessary investigations and advise the concerned State Government to take appropriate action or shall themselves initiate action under the law.
[No.4-4/91-VCI/3]
Prof. (Dr) Rama Kumar V. Secretary
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