The Assam Veterinary Council Act, 1979
**EXTRAORDINARY**

**SK3-=5Thn 0PH SRH&B**

BY AUTf iO Rm

### 32 10 1980, 20 cs?&, 1902 (*;^)

**N o. 32** **js pur** **T uesd ay,** **10 th June** **1980,** **20th** **Jya is th a .**

1802 (S .E .)

f^ V FB N M E N T OF ASSAM

#### ORORBS BY THE GOVERNOR

### LEGISLATIVE DEPARTMENT

 NO TIFICA TION  ; -

The 9th June 1980

No .LGL 121/77/119. The following Act of the Assam Legislative

Vsembiy which received the assent of the President is hereby pub-*

nsh-d for general in& rmation.


-----

#### 1 H THE ASSAM GAZETTE, EXTRAORDINARY, JUNE IQ, 1980

**ASSAM ACT I OF 1980**

**(Received the as sent of the Pr esiden t of India on 7th May 1980)**

**THE ASSAM VETERINARY COUNCIL ACT,** **1979**

**An**

**Act**

**to pr ov ide for the** **re gistra tion of Veterinary Pra ctition ers in**

**Assam and for certain other m at te rs connected therew ith .**

Preamble. It is hereby enacted in the Thirtieth Year of the Republic

of India, as follows :—

PART I

Short title, 1. (a) This Act may be called the Assam Veterinary Council
extent and

Act, 1979.

commence­
ment.

(b) It extends to the whole of the State of Assam.

(c) It shall come into force on such date as the State

Government may by notification in the Official Gazette,

appoint.

Definitions. 2. In this Act, unless there is anything repugnant in the

subject or context,—

(a) ‘COU NC IL’ means the Assam Veterinary Council es­

tablished under this Act ;

(b) ‘DIRE CT OR’ means the Director of Animal Hu s­

bandry and Veterinary, Government of Assam ;

(c) ‘HOSPITAL’ means an institution in the State of

Assam where animals shall be treated by methods

approved by the Council ;

(d) ‘MEM BER’ means a member of the Council who shall

be a recognised Veterinary practitioner registered

under this Act ;

(e) ‘PRESCRIBED’ means prescribed by Rules **and**

Regulations made under this Act ;

(f) ‘PRESIDENT ’ means the Pre ident of the Council ;

(g) ‘REG ISTE R’ means the Register of Veterinary Practi­

tioners maintained under this Act ;

(h) ‘REGISTERED VE TERINA RY PR AC TITION ER ’

means a Veterinary practitioner who holds a recognised
Veterinary qualification and is for the time being

duly registered;

(i) ‘RECOGN ISE D VETERINARY QU AL IFICAT ION’

means any of the Veterinary degrees or diplom as or
certificates inc'uded in ‘he Schedule ;


-----

Provided that the degree* or diplomas or certificates

granted by the Government or any other authority of any

State in India outside Assam shall not be deemed to be

recognised Veterinary qualifications for the purposes of this
Act unless, in pursuance of a scheme of reciprocity for re­
cognition of Veterinary qualifica'ions, the Government of such

State has, by notification, recognised for the purposes of that
State, the degrees or diplomas or certificates granted by the
Government and oth er authorities of Assam.

(j) ‘RE GIST RA R’ means the Registrar app ointed under

this Act ;

(k) ‘REGISTRA TION OFF IC ER ’ means the Registration

Officer appointed under this A ct;

(lj ‘RULES AND REGULATION S’ means the Rules and

Regulations made under this Act ;

(m) ‘SCH EDULE’ means the schedule appended to this

A ct;

(n) ‘STATE GO VERN ME NT’ means the Government of

Assam ;

(o) ‘VETERINA RY CO LLEGE’ means the Assam Vete­

rinary College/Colkge o‘ Veterinary Science, Assam

Agricultural University.

**PART n**

ASSAM VETERIN ARY CO UN CIL : ESTABLISHMENT CO NS TI­

TU TION MEETING S AND PROCEEDIN GS.

**Establish­** 3. (i) The State Government shall, as soon as it may
**ment of** **a** be possible after the preparation of the first

**Council.**

Register, by notification in the Official Gazette,

establish a Council to be called the Assam Veteri­
nary Council, and such Council shall be a body
corporate having perpetual succession and common

seal and shall, by the said nam e, sue and be sued;

(ii) The Council shall also act as an advisory body

to the State Government in all policy matters

concerning the Veterinary profession, Veterinary

education and development of Animal Husbandry
in the State.

4. (i) The Council shall consist of the following memb ers,

**Constitution**
**of the Coun­** namely :—

**cil and elec­**
**tion of Pre­** (a) The Director, Ex-Officio mem ber ;
**sident** **and**

**Vice-Presi­**
**dent.** (b) The Dean/Principal of Veterinary College, Ex-

Officio mem ber;


-----

(c) One representative oth er than the Dean/Principal

of the Faculty of Animal Husbandry and Veteri­

nary Science or Faculty, by whatever name called,

which deals with Veterinary education in the

University or Universities in the State of Assam ;

(d) Six members to be elected by the Veterinary

practitioners residing in the State of Assam and

registered under this Act or, in the case of the

first election, qualified to be so registered ;

(el Two members to be nominated by the State Govern­

ment from among the registered veterinary practi­
tioners, residing in the State of Assam or, in the

case of first nomination, qualified to be so registered
under this Act.

(ii) The election of the members of the Council under

this section shall be held at such time and at such
place, and in such manner as may be prescribed
by rules,

(iii) Notwithstanding anything contained in the fore­

going provisions of this Act, in respect of the

first constitution of the,C ouncil, all the members
thereo f other than the Ex-officio membei s shall be
nom inated by the State Government.

(iv) The members of the Council shall elect a Presi­

dent and a Vice-President from among themselves:

Provided that on the first constitution of the Council

after its establishment, the President and the Vice-President

shall be appointed by the State Government.

(v) The President or the Vice-President shall be deemed

to have vacated office as soon as the Council

                   - holds its first meeting after its reconstitution, pro­

vided that he shall also cease to hold office if he
ceases **to** be a member of the Council before its

reconstitution.

(vi) The appointed President or the Vice-President may

resign his office by writing under his hand addres­
sed to the State Government and shall be deemed
to have vacated the office on such resignation being
acce ted by the State Government.

jrii) Th e elected President or the Vice-President ma

resign his office by a notice in writing addressed
to the Council and shall be deemed to have

vacated the office on such resignation being

accepted by the Council at a meeting.


-----

(viii) Any casual vacancy in the office of the President

or the Vice-President caused by death, resignation,
removal or otherwise shall be filled by appoint­
ment or election, as the case may be and (he

person so appointed or elected shall hold office

for the unexpired period of the term of office of
the President or the Vice-President whose place

he fills.

Nom ination 5. In the event of the requisite num ber of the m< mbers

?n d erau h 'o f [b O t ] b e l n g e l e c t e d under any of the clauses (c) and (d) of

election. Section 4 or, if any of the electoral bodies referred to in

clauses (c) an.l (d) of Section 4 does not, by such da te as
may be prescribed elect a person to be a member of the

Council, the State Government shall fill up the vacancy or
vacancies by nom inating the required number of registered
veterinary practitioners, and any person so nom inated shall
be deemed to be a mem ber as if he had been duly elected
by such body.

Disq uali- 6. A person shall be disqualified for being elected or

fication fo r nominated as a memb er of the Council, if he—

being elected

or no minat­ (a) is not registered under this Act ; or
ed as a

mem be r. (b) has been convicted and sentenced by any court for

any non-bailable offence, such sentence not having

been subsequently reversed or quashed ; or

(c) is an undischarged insolvent; or

(d) is of unsound mind adjudged and certified by a

com petent co u rt :

Provided that the State Government may condone the

disqualification referred to in clause (b) if the sentence has
been fully undergone and a period of two years has elapsed

since the termination of such sentence.

Pu blication 7. Th e nam e of every person elected or nom inated under

of names Section 4 or 5 shall be published by the State Government

of members. jn t jje o [fg]c [;]a [i Gazette.]

Leave of 8. Th e Council may permit a mem ber to absent him-

sb se nc e to s e [lf from the meetings ] of the Council for a period not

mem bers, exceeding six months. _

Ceasation 9. (1) A member of the Council shall be deemed to

°f have vacated his seat, who—

em be rship.

(a) fails to accept office within one month of the date

of his nomination or election ; or

(b) is absent without excuse sufficient in the opinion of

the Gouncil, from three consecutive meetings of the
Council : or

(c) is absent, out of India for a period exceeding six

consecutive months; or


-----

(d) becomes disqualified for election or nomination as a

member for any of the reasons mentioned in Section 6.

(2) On the occurrence of a vacancy referred to in sub­

section (I), the President shall forthwith report the

fact of such vacancy to the State Government.

(3) The State Government may on the recommendation

of the Council supported by atleast two-third of the total

numbers of its members, remove from office any member

elected or nominated under this Act, if such member has

been found guilty of misconduct in the discharge of his

duties, or of any disgraceful conduct, or has become inc a­
pable of performing his duties as a member :

Provided that no resolution recommending the removal

of any member shall be passed by the Council, unless the

member to whom it relates has been given a reasonable

opportunity of showing cause as to why such recommenda­

tion should not be made.

Filling of 10. If a member of the Council dies or resigns his

Casual membership, or ceases to be a member as provided in sub-

vacancics. s c c t jo n (j) o f Section 9, the vacancy shall be filled within

three months by a fresh election or nom ination as the case

may be.

Term of 11- (1) The term of office of the first member elected

office of o r nom inated under Section 4 or 5 shall commence from

mem «rs. ^ate a s m [ay be appointed by the State ] Government.

(2) The term of office of a mem ber of the Council

shall be three years from the date of his acceptance of

office.

(3) When a member is elected or nom inated in a

seat vacated under sub-section (1) of Section 9 and, or

under Section 10, the term of office of such member shall
be unexpired term of office of the mem ber in whose place

he is nominated or elected.

(4) Any member shall, if not disqualified for any rea­

sons mentioned under Section 6, be eligible for re-election

or re-nomination at the end of the term of office.

                       -

Regulation 12. (1) (a) No business shall be transacted at a meeting

as to meet- _o f_ coun cil unless a quorum of k[£ve ] members be
ing, quorum .

and voting, **present.**


-----

(b) When a quorum is not formed in a meeting, the

President shall, after waiting for not less than twenty minutes
for such quorum, adjourn the meeting to such hour on the
same day or to a future day as he may notify on the notice
board at the office of the Council, and the business which
would have been brought before the original meeting had

there been a quorum, shall be brought before the adjourned
meeting, and may be disposed of at such meeting or at any
subsequent adjournm ent meeting, whether there be a quorum
present or not.

(2) The President shall preside over all the meetings of

the Council. Tn absence of the President, the Vice-President

shall preside over the meeting. In absence of both the Pre­
sident and the Vice-President, some other m ember to be chosen
from, amongst the members will preside over the meeting.

(3) Save as other-wise provided in clause (b) of sub­

section (1) of Section 25, all questions arising at a meeting
shall be decided by the votes of the majority of the members
present and voting, or, in the case of an equality of votes
by the casting vote of the President of the meeting.

(4) No act or proceeding of the Council shall be

deemed to be invalid merely by reason of a vacancy in

the Council or of a defect in the election or nom ination of
a person acting as a member of the Council,

(5) Subject to the provisions of this . Act an d of any

rules made thereunder by the State Government, the Coun­
cil may make regulations in respect of—

**(a)** the time and place at which such meeting shall

be held ;

(b) the issue of notices convening such meetings ; and

(c) the con duct of business thereat.

(6) Un til such time as the regulations referred to in

sub-section (5) have come into operation, it shall be lawful

for the President to summon, by letter addressed to each

member, a meeting of the Council at such time and place
as to him shall seem expedient.

7. (a) The proceedings of the discussion of every mee­

ting of the Council shall be treated as confidential and

no person shall, without the previous permission of the

Council, disclose any portion th er eo f:

Provided that nothing in this Section shall be deemed

to prohibit any person from disclosing or publishing the text

of any resolution adopted by the Council, unless the Coun­

cil directs such resolution also to be treated as confidential.

                                                                                           - ■- - .-------________


-----

(b) No disqualification of, or defect in the election,

nomination or appointment of, any person as member
or as a presiding autho rity of a meeting, shall of

itself be deemed to vitiate any act or proceeding

of the Council, in which such person has taken

part, or during any vacancy in the Council, ‘the

continuing members may act, as if no vacancy had
occurred, unless the num ber o f , vacancies exceeds

two in number.

Pay men t of 13- There shall be paid payment to the members of the

expenses Council, the expenses as may from ume to time be prescribed

to mem be rs, by regulation under clause (a) of sub-section (4) of Section 34.

App ointment 14. (1) With the previous sanction of the State Govern-

Of Reg istrar m e n t t [p] e[ Council— ]

an d othe r
officials.

(a) shall appoint a Reg istrar ;

(b) may grant leave to such Registrar and appoint a

person to act in his place ; and

(c) shall pay to the Registrar and to the person if any

appointed to act in his place such salary and such
allowances as the Council may determ ine from time
to time.

(2) The Council may appoint such oth er officers and

such ministerial and class—IV staff as it may con­
sider necessary[7] for the purposes of this Act, and

shall pay them Such salary and allowances if any

as the Council may determine.

(3) The Registrar or the persons appointed to act in

his place shall act as Secretary of the Council.

(4) Every person appointed under sub-sections (1) and (2)

shall be deemed to be a public servant within the meaning

of Section 21 of the Indian Penal Code.

Punishment 15. (1) The Council may punish or dismiss a , person

an d dismissalappointed under sub-sections (1) and (2) of Section 14, after
of official of be has been given a reasonable opportunity of showing

the Council. c a u s e a ga in s t the action proposed to be taken in regard to

him :

Provided th a t previous sanction of the State Government

shall be necessary in the case of a person appointed under

sub-section (1) of Section 14 ;


-----

Provided further that a person appointed under sub­

section (2) of Section 14, shall have a right of appeal to

the State Government against an order under this Section

within one month from the date of the communication of

the orde r to him.

(2) The power to punish conferred by sub-section (1)

shall be deemed to include the power to suspend an officer.

(3) The power to dismiss conferred by sub-section (1)

shall be deemed to include the power to suspend any

person against whom the power of dismissal might be

exercised, pending inquiry into his conduct.

**THE** **REGISTER OF** **VETERINARY** **PRACTITIONERS**

Order, by 16. (1) The Council shall, as soon as convenient, after

f^r r abate' [t] ^l e c o m m e n c e n l e n t this Act and from time to time as

nance^of [6] occasion may require, make orders for regulating the

egister. maintenance of the register of Veterinary practitioners.

(2) The said register shall be kept in such form as may

be prescribed.

R eg istrar ’s 17. (1) The Registrar shall maintain the register of Vete-

functions in rinary Practitioners in such form and i i uch manner as may

respect of u,e prescribed and shall make from time to time such entries,

register. corrections, alternations or modifications in the entries there -

in as may be necessary or as may be directed by the Council.

(2) To enable the Registrar to fulfil the duties imposed

upon him by sub-section G)> he m a y s e n d through the post

a letter to any registered practitioners, addressed to him accor­
ding to his registered address or appointment, to enquire

whether he has ceased to practise or whether his residence or

appointment has been changed ; and if no answer to any such
letter is received within a period of six months from its des­
patch , the Registrar may erase the name of such registered

veterinary practitioners from the regi ster :

Provided that any name erased under this sub-section may

be re-entered in the register under the direction of the council.

Pe rson s en- 18 . (i) Any person holding any o f the qualifications re­

titled to be f c r r e d t o i n t h e s c [j]i e d u [i]e o r [ f]o r [ the time being registered under ]

registered. a n y A c t f o r t h e r c g i s t r a t i o n o [f ] [Veterinary practitioners in force ]

in any other State in India, if rec iprocity of registration

has been arranged with the authority administering such Act,
shall, subject to the provisions hereinafter contained

and on payment of such fees as may be fixed in this behalf by
regulations made und^r clause (b) of sub-section (4) of Section

34, be entitled to have his name entered in the register

of Veterinary Practitioners :


-----

Provided that the Registrar shall refer to the Council

an application for entry in the register from a person in

respect of whom he considers that the Council may wish to
proceed under sub-section (1) of Section 25 :

Provided also that the Registrar, if so directed by the

Council, shall refuse to register the name of any person

notwithstanding the fact that he is in possession of Veteri­
nary degree or diploma recognised and included in the

Schedule of this Act.

(ii) if it appears to the State Government on the

report of the Council or otherwise that the courses
of study and examinations prescribed by any

University, Body or Institution conferring any

degree, diploma, certificate or any other like award
not entered in the Schedule, are such as to

secure the possession by its receipient of the

requisite knowledge and skill for the efficient

practice of veterinary science, the Stale Go vera-

ment may from time to time, by notification in

the ‘Official Ga zette’ amend the Schedule and

include therein such degree, diplom a, certificate

or, as the case may be, award, subject to any

conditions that may be specified there of and

the Council may thereupon recommend to the

o

State Government to amend the Schedule accor­

dingly.

P«w«r of 19. The Council shall have power to call on the govern- e

S uor'i Vor ’[n] 8 body or authorities of any Veterinary Faculty/Agriculture
mation from'Uaiversity, included in or desirous of being included in the

University Schedule ;

          - Veteri­
nary College, (a) to furnish such rep orts, returns or other information

as the Council may require to enable it to judge

the efficiency of the instruction given therein ; and

(b) to provide facilities to enable a member of the Council

deputed by the Council in this behalf to be prese nt
at the examination held by such University/College.

Information 20. (i) Every person who applies to have his name entered,
required of •applicant fo; tU[r]ae register of Veterinary Practitioners—

registration
renewal fee (a) must satisfy the Registrar that he is in possession of
etc. the recognised Veterinary qualifications referred to in

the Schedule as altere d by notification, if any, issued
under Section 18 (ii) ;

(b) must inform the Registrar of the dates on which he

obtained the title or qualifications which entitled him
to claim registration un de r this Act ; and


-----

(c) give the Registrar any inform ation which he reason­

ably may require for the purpose of discharging his
duties under this Act.

(ii) (a) The Council may, on being satisfied that a person

applying for registration possesses a recognised

Veterinary qualification and has paid the prescribed

fee, allow the application and direct the Registrar
to enter his name in the register and such entry
shall, unless cancelled earlier, be borne in the

register for one year ;

(b) The Registrar shall, on registration of a person’s

name, give him a certificate of registration under

his hand a&d seal.

(iii)(a) A Veterinary Practitioner whose name is entered

in the register shall be entitled to have his name
retained in the register on payment of such annual
renewal fee and within such time as may he

prescribed ;

(b) If the renewal fee is not paid within the time pres­

cribed, the Registrar shall strike off the name of the

defaulter from the register :

Provided that any name so struck off from th# register

ma y, subject to such conditions as the Council may by reg<-
lation provide, be re-enter in the register on payment of the
renewal fee and nom inal fine not exceeding Rupees fifty.

(iv) (a) A veterinary practitioner whose name is struck

off from the register under sub-section (iii) (b) of
Section 20 shall forthwith surrender his certificate

of registration to the Registrar and the nam e so
struck off shall be published in the official gazette ;

(b) If any such name is afterwards re-entered in the

register in accordance with the provision of this Act,

the fact of such re-entry shall be published in the

official gazette and the certificate of registration shall
be returned to the veterinary practitioner concerned.

Entry of 21. If a person whose nam e is entered in the register of

N* w titles veterinary practitioners obtains any title or qualification other

than the title or qualification in respect of which he has bee*

roister! registered, he shall on payment of such fees as may be pres­
cribed in this behalf by regulation made under clause (b)

of sub-section (4) of Section 34, be entitled to have an

entry stating such other title or qualification made against
his nam e in the register, either in substitution for, or in

add ition to, any entry previously made.


-----

Fin an-ial 22 (1) The Council shall, for the adm inistration of its

atters. purposes, realise registration fees for renewal of registration,

app lication fees and such other fees and fines as may be

decided by the Council, provided that the rate of which

fees shall be charged or any variance thereof shall be given
effect to with the prior approval of the Government. Gove­

rnment may also issue any direction to the council in this

reg ard .

(2) It shall be competent for the Council to inc ur

expenditure for the following purposes nam ely—

(a) salaries and allowances cf the Registrar and staff

maintained by the Council ;

(b) fees and allowances paid to the members of the Council;

(c) such oth er expenses as are necessary for performing

its duties and functions under this Act.

(3) The Council shall maintain in such form as may be

prescribed proper accounts which shall be audited annually

by an auditor appointed in this behalf by the State Govern­

ment.

14) A copy of every audit t epo rt shell be furnished by

the Council to the State Government and to the Accountant

General, Assam, within one month from the date of which

the audit repo rt is received by the Council.

(5) The draft budget before it is placed before the

Council shall be submitted to the State Government and the

views o f the Government may be recorded at the time this is
submitted before the Council for consideration.

(6) The State Government may make such annual grants,

as it may consider necessary to the Council for the pro per
discharge of the functions of the Council under this Act.

(7) All moneys received by the Council as fees and grants

under this Act or otherwise shall be credited into a fund

to be called “the Assam Veterinary. Council Fu nd ” which
shall be under the management and control of the Council
and shall be held and applied by the Council for the purpose
of this Act in such manner as may be prescribed.

(8) All moneys credited to the “Assam Veterinary Council

Fund” shall forthw ith be deposited into the State Bank of
India or in any Nationalised Bank to the credit of

an account to be called “ the Assam Veterinary Council Fund
Account” .


-----

Co uncil tO a Pe r s o n ’s dissatisfied with a decision of the

from decisi- R [e] gi[s ? a r] refusing to enter the name or any title or quali-

on of Rc gi- fication of such person in the register of Veteiinary Practi­

Strar. tioners he may, at any time within three months from the

date of such decision, appeal to the Council whose decision
shall be final.

Eraser of 24’ Any entry in the register of Veterinary Practitioners

fraudulent

which is proved to the satisfaction of the Council to have

& incorrect
entries. been fraudulently or incorrectly made may be erased un de r

an order in writing of the Council, after notice has been

given to the person concerned and his objections (if any)

have been considered.

Power of 25 (1) The Council may upon reference to the register

Council to

or otherwise prohibit the entry in, or order the rem oval

Prohibit
entry in or from, the Register, the nam e of any Veterinary Practitioner :—

t® direct re­

moval from

t he register

c t c.
(a) who has been sentenced by a crim inal court or a

court martial to imprisonment for an offence ind i­

cating in the opinion of the Council such defect in

character as would render the entry or continuance
of his nam e in the register undesirable ; or

(b) whom the council after enquiry (at which an opportu ­

nity has been given to him to be heard in his

defence and to appear either in person or by council,
vakil, pleader or attorney, and which may at the

discretion of the Council be held in camera) has

found guilty by a majority of two thirds of the

members present and voting at the meeting of infamous
conduct in any professional respect.

(2) Nothing in sub-section (1) shall be deemed to justify

the exclusion or removal from the register of the

name of any Veterinary Practitioner on the ground of
his adoption of a theory of veterinary medicine or

surgery not in accordance with the accepted view

for the time being or of his association with an

un-registered practitioner, so long as the un-regis-

tered pra ct itio ner : —

(a) is in possession of a Recognised Veterinary quali­

fication ;

(b) is not a person whose name the Council has reasen

to believe has been excluded or removed from

the register by the Council under sub-section (1)
or would be so excluded if application for

registration thereo f were made.


-----

(3) The Council may direct that the nam e of any

person against whom an order has been made under

sub-section (1) shall be entered or re-entered as the case

may be.

Appeal to 26. (1) An appeal shall lie to the State Government

rnment from State Gove- fr o m every decision of the Council under Section 23 or 25.

decision of

Council.

(2) Every appeal under sub-section (1) shall be preferred

within three months from the date of such decision.

Bar to suits 27. No suit or oth er legal proceedings shall lie in
and other respect of any act done in good faith in the exercise of
legal pro­
ceedings. power conferred by this Act on the State Government *r

the Council or any of its members or office-bearers.

Notice of 28. (1) Every Registrar of deaths who receives notice of
deaths and
eraser of the death of a person whose name he knows to be entered

names from in the register of Veterinary Practitioners shall forthwith
register. transmit by post to the Registrar of the Council a certificate

of such death signed by him and stating particulars of the

time and place of death.

O

(2) On receipt of such certificate, or other reliable

information regarding death , the Registrar shall erase the

name of the deceased person from the register.

(3) Every person registered under the Act shall be exem­

pte d, if he so desires, from serving on any inquest.

Penalty on 29. If a person whose name is no t entered in the

unregistered register of Veterinary Practitioners falsely pretends th at it

person [r] tcPr®‘is so entered or uses in connection with his name or title

he" is^regis- any words or letter representing that his name is so entered,

tered. he shall, whether any person is actually deceived by such

representation or not, be punishable, on conviction by a

Magistrate of the first class, with fine which may extend to
three hundred rupees.

Court com­ 30. (i) No court other than the court of a Magistrate
petent to try of the first class shall take cognizance of or try

of offence

under this an offence under this Act.

Act.

(ii) For the purpose of any inquiry held under Section

25, or of any appeal under Section 23, the Coun­
cil shall be deemed to be a Co urt within the

meaning of the Indian Evidence Act, 1872, and
shall exercises the pow ers of a Commissioner

appointed under the Public Servants’ (Inquiries)

Act, 1850, and every such inquiry and appeal

shall be conducted, as far as may be in accor­

dance with the provisions of Section 5 and Section s


-----

8 to 10 of the said Public Servants’ (Inquiries)

Act, 1850 and shall have the powers of a Civil
Court while disposing of suits under the Code of
Civil Procedure, 1908, in respect of the following
matters'—

(a) summoning and enforcing the attendance of any

person and examining him on oath,

(b) requiring the discovery and production of documents, and

(c) receiving evidence on affidavits.

Reservation 31            - No person other than a Registered Veterinary Prac-

of certain titioner shall be com petent to hold an appointment as

appointments Veterinary Physician Surgeon or other Veterinary Officer in

Practh'ioners [a n] ^ G overn m ent institution and hospital/dispensary which is

r ‘supported pat daily or wholly by public funds, or in any

public or private establishment, body or institution or under

a local authoiity unless he is registered under this Act.

^ractihoners No c e r t ’ficate required by any Act from any

_etr ti tcates_ Veterinary Practitioner or Veterinary Officer shall be valid unless

etc. th e person signing the certificate shall have been registered

under this Act.

(2) No prescription by a Veterinary Practitioner or

Veterinary Officer shall be disposed of by chemists unless

the person prescribing the prescription shall have been regis­
tered under this Act.

(3) No person shall be qualified to give evidence as an

expert under Section 45 of the India n Evidence Act, 1872 on
any matter relating to Veterinary Science, unless the said

person shall have been registered under this Act.

**ANNUAL VETERINARY LIST**

Publication 33. (1) The Registrar shall once in every three years, on

of & presum-o [r before a date to be fixed in this behalf by the Council, ]

entrTesta10 c a u s e t o be printed and published a correct list of the

Annual Vete-n a m e s the time being entered in the register of Veteri-

rinary list, nary Practitioners setting forth

(a) All names entered in the register arranged in alpha­

betical order according to the surnames ;

(b) The registered address or appointment of each per­

son whose name is entered in the register; and

(c) The registered titles and qualification of each such

person and the date on which each such title was

granted or each such qualification was certified.


-----

(2 ) The Registrar shall also cause to be printe d and pub­

lished an annual supplement in January every year showing
therein the corrections made npto the 31st Decem ber pro­

ceeding, in the list of names in the register of Veterinary

Practitioners last published.

(3) Every court shall presume that a person whose nam e

is entered in the latest of such lists is duly registered under
this Act, and that person whose nam e is not so entered is
not registered under this Act :

Provided that, in the case of any person whose name

does not appear in such list, a certified copy signed by the
Registrar of the entry of the name of such person in the

register of Veterinary Practitioners shall be evidence that

such person is registered under the Act.

RULES AN D RE GU LA TION S

Rules and 34.(1) The State Governm ent may, after previous pub-

egu a ions ij c a ^ o n fr o m time to time, make rules to carry out the

purposes of this Act.

                                                       -

(2) In particular, and without prejudice to the genera­

lity of the foregoing power, such rules may provide :■—

(a) to regulate elections under this Act ;

(b) to prescribe the form of the register of Veterinary

Practitioners to be maintained under this A c t;

(c) to regula te the application of fees ;

(d) to regulate the procedure to be followed by the

Council fo r:—

(i) conducting any inquiry under Section 25 ; and

(ii) disposing of appeals from the decision of the Regis­

trar preferred under Section 23.
X

(3) “Every rule made under this section shall be laid

as soon as may be after it is made, before the Assam

Legislative Assembly while it is in session for a total period
of fourteen days which may be comprised in one session

or in two successive sessions, and if, before the expiry of

the session in which it is so laid or the session immediately
following, the Assam Legislative Assembly agree in making

any modification in the rule or the Assam Legislative Assem­

bly 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 un de r th at rule’*.


-----

(4) In addition to the power conferred by Section 12,

the Council may, with he previous sanction of the State

Government make regulations : —

(a) to prescribe the expenses payable to members of the

Council, such as fees ior attendances at meetings of the

Council and reas enable travelling expenses as m ay from time

to time be allowed by the Council ;

(b) to prescribe the fees chargeable in respect of any

registi ation under this Act ;

(c) to regulate the keeping of accounts; and

(d) to prescribe condition of service of persons appoin­

ted under Section 14.

(5) All such rules and regulations shall be published in

the Official Gazette.

Powe r of 35. The State Government may give to the Council such

Stale Go ­ directions as may be necessary for carrying out the purposes of

vernment to

the Act and it shall be the duty of the Council to comply

give direc-
do ns to the with such directions.
Council.

Control of 36(1) If at any time it appears to the State Government

Council by that the Council has failed to exercise or has exceeded or abu­
the Govt. State sed any of the powers conferred upon it by or under this Act,

or has failed to perform a duty imposed upon it by this Act,
the State Government may, if it considers such failure, excess
or abuse 40 be of a serious character, notify the particulars
thereof to Council, and if the Council fails to remedy such fai­
lure, excess or abuse within such time as may be fixed by the
State Government in this behalf, the State Government may

dissolve the Council and cause all or any of the powers and
duties of the Council to be exercised and performed by such
agency and for such period as it may think fit :

Provided that it shall take steps, as soon as it may be

convenient, to constitute a new Council of members provided in

Section 4.

(2) Notwithstanding anything c ntained in this Act , or

in the Rules or the regulations, if at any time, it appears to
the State Government that the Council or any other authori­
ty empowered to exercise any of the powers or to perform

any of the duties or functions under this Act, has not been
validly constituted or appointed, the State Government may
cause any of such powers or functions to be exercised or per­
formed by such agency in such manlier and for such period
not exceeding six months and subject to such conditions as

it thinks fit.


-----

#### 1 30 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 10, 1980

**Sch ed ul e Part I**

**R ecogn is ed . V eterinar y Q ual ification**

**R ec ognised V et er in ary Deg re e an d D ip lo m as**

**gr an ted by in st itution in India**

[Rule 2 (i)]                              -

_I nstitution_ qualification Abbreviation for

Registration

**DEGREE**

1. Assam Agricultural Bachelor of Veterinary Science B. V. Sc. & A.H-

University. & Animal Husbandry.

2. Agra University Do Do

3. An dhra University Do Do

4. Bihar University Do Do

5. Bombay University Bachelor of Science (Vety.) B. Sc. (Vety)

6. Calcutta University Bachelor of Veterinary B. V. Sc.

Science

7. Ga uhati University Bachelor of Veterinary Science B. V. Sc. & A.H.

& Animal Husbandry.

8. Ke rala University Bachelor of Veterinary Science B. V. Sc.

9. Madras University Do **Do**

10. Osmania University Do Do

11. Punjab University Bachelor of Veterinary Science B. V. Sc. & A.H .

& Animal Husbandry ,

12. Rajasthan University Do Do

13. Sagar University Bachelor of V eterinary Science B, V. Sc.

14. Utkal University Bachelor of Veterinary Science B. V. Sc. & A H ,

& A nimal Husbandry.

15. Vikram University Do Do

**Diploma**

16. Assam Veterinary Graduate in Veterinary G. V. Sc.

College. Science.

17. Bengal V ete rinary (i) Graduate of Bengal G. B. V. C.

College. Veterinary College.

(ii) Graduate in Ve terin ajy G. V. Sc.

Science.

18. Bihar Veteiinary Graduate of Bihar Veterinary G. B. V. C.

College. College.


-----

#### ___ THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 10, 1980 13*

 PART II

 RECOGNISED VETERINARY QUALIFICATIONS GRANTED BY
 INSTITUTIONS OUTSIDE INDIA

 1. The Royal Veterinary Member of Royal College M. R. C. V. S.
 College, the United of Veterinary Surgeons.
 Kingdom.

 2. The University of (i) Bachelor of Veterinary B. V. M. S.
 Edinburge Medicine and Surgery

 (ii) Bachelor of Science B. Sc.

 3. The London University (i) Do Do

 (ii) Bachelor of Veterinary B. Vety. Med.
 Medicines.

4 The Liverpool Bachelor of Veterinary B. V. Sc.

#### University. Science.

 5. The University of Bachelor of Veterinary B. V. M S,
 Glasgo. Medicine and Surgery.
 *
# I

## U. TAHBILDAR,
 Secy, to the Govt, of Assam,
 Legislative Deptt.

G A U H A TIP rinte d an d published by the Supdt. i/c„ Assam Govt. Printing Press

(Ex-Gazf tte) e.63—8864-500—10-6-1980.


-----

