The Maharashtra Veterinary Practitioners Act, 1971 Complete Act - Bare Act

Amended by Mah. 11 of 1976 14.4.96

An Act to provide for the registration of veterinary practitioners in the State of Maharashtra.

WHEREAS, it is expedient to provide for the registration of veterinary practitioners in the State of Maharashtra and for certain other purposes hereinafter appearing; It is hereby enacted in the Twenty-second Year of the Republic of India as follows: -

PART I PRELEMINARY

(1) This Act may be called the Maharashtra Veterinary Practitioners Act, 1971.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context requires otherwise,

(1) "appointed day" means the day on which the Maharashtra Veterinary Council is duly constituted or deemed. to be constituted under this Act;

(2) "Council" means the Maharashtra Veterinary Council established under section 3:

(3) "Director" means the Director of Animal Husbandry, Maharashtra State, Poona,

(4) "member" means a member of the Council; (5) "prescribed" means prescribed rules;

(6) "President" means the President of the Council;

(7) "register" means the register of veterinary practitioners maintained under section 15;

(8) "registered veterinary practitioner" means veterinary practitioner whose name is for the time being entered in the registered

(9) "Registrar" means the Registrar appointed under section 13;

(10) "Registration Officer" means the Registration Officer appointed under section 16;

(11) "Schedule" means the schedule appended to this Act

PART II MAHARASHTRA VETERINARY COUNCIL ESTABLISHMENT CONSTITUTION MEETINGS AND PROCEEDINGS

(1) The State G as soon as may be after the preparation of the first register, by notification in the Official Gazette; a Council to be called the Maharashtra Veterinary Council

(2) The Council shall also act as an advisory body to State Government in all policy matters in relation to the veterinary profession, veterinary education and development of animal husbandry in the State.

(1) The Council shall consist of the following namely:-

(a) the Director, ex-officio

(b) the principal of each veterinary college in the State, ex-officio,

(c) four members to be elected by registered veterinary practitioners from amongst themselves

(d) one veterinary representative (other than the principal of a veterinary college) from each university in the State in which provision is made for instruction, teaching or training in veterinary science, to be elected by members of the Senate or the Court of the University, as case may be, from amongst themselves .

(e) members not exceeding two in number, to be nominated by the State Government from amongst the registered veterinary practitioners.

(2) The Director shall be the President of the Council.

If any of the members is not elected under clause (c)or clause (d) of sub-section (1) of section 4, then the Stale Government may, notwithstanding anything contained in sub-section (1)of that section nominate member to represent the registered veterinary practitioners the member so nominated shall, for the purpose of the Act, be deemed to have been duly elected under c1ause (c), or as the case may be clause (d) of sub-section (1) of section 4

The election of the veterinary practitioners under clause (c) of sub-section (1) of section 4 shall be held at such time and place and in such manner as the council may by regulations provide in this behalf

Provided that the first election of such members shall be held at such time and place and in such manner as the State Government may, by notification in the Official Gazette determine in this behalf

As soon as possible after all the members are elected and nominated, the State Government shall publish the names of all such members in the Official Gazette, and upon the publication of names of all the members the Council shall be deemed to be duly constituted

(1) The members of the Council, other than the President shall hold office for a term of five years from the date of their election or nomination or until their successors have been duly elected or nominated whichever is longer, and shall be eligible for re-election or re-nomination, as the case may be

Provided that a member falling under clause (b), or elected under clause (d), of sub-section (1) of section 4 shall hold office only so long as he is the Principal of veterinary college in the State, or is a member of the Senate or the Court of the University the case may be.

(2) Any elected or nominated member may at any time resign his office by letter addressed the President such resignation shall take effect from the date on which it is received by the President

(3) If any vacancy occurs in the office of a member of the Council through death, resignation or otherwise previous to the expiry of the period of his office the vacancy shall be filled in accordance with the provisions of sub-section (1) of section 4, and such person shall hold office for the remainder of the period for which the member in whose place he is appointed was elected or nominated.

(4) Leave of absence may be granted by the Council to any member for a period not exceeding six months.

Provided that, such regulations are made, it shall be lawful for the President to sum a meeting of the Council at such time and place as he may deem expedient by letter addressed to each member.

(1) The President shall preside at every meeting of the Council. In the absence of the President, the members present shall elect one from amongst them selves to preside.

(2) Save as otherwise provided in this Act, all questions at a meeting of the Council shall be decided by votes of the majority of the members present at the meeting. Five members shall form a quorum. Where a quorum is not present within thirty minutes of the time fixed for a meeting, the presiding authority shall adjourn the. meeting to such hour on some future day as it 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 thereat shall be brought before the adjourned meeting, and may be disposed of at such meeting or any subsequent adjournment thereof, whether there is a quorum present or not.

(3) At every meeting of the Council., the President for the time being or any, member presiding shall, in addition to his vote as a member of the Council, have a second or casting vote in case of an equality of votes.

(4) No act or proceeding of the Council shall be deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of the council or absence of any member on account of leave or otherwise.

There shall be paid to the members such expenses and subject to such conditions as shall from time to time be prescribed by rules.

(1) A person shall be disqualified for being elected or nominated as, and for continuing as, a member

(a) if he is an undischarged insolvent;

(b) if he is of unsound mind and stands so declared by a competent court:

(c) if his name has been removed from the register and has not been re entered therein ; or

(d) if he is a whole-time officer or servant of the Council.

(2) If any member of the Council (other than the President and the Principal of a veterinary college) shall without the leave of the Council absent himself from three consecutive ordinary meetings of the Council, the Council may forthwith declare his seat vacant, and such declaration shall have the same effect as resignation of his seat by the member concerned.

(3) If any member becomes or is found to be subject to any of the disqualifications mentioned in sub-section (1), the Council shall submit a report to the State Government, and the State Government, if satisfied about the disqualification, shall declare his seat vacant.

PART III REGISTRAR AND OTHER OFFICERS AND SERVANTS

(1) The Council shall, with the previous sanction of the State Government, appoint a Registrar.

(2) The Council may from time to time grant leave to the Registrar:

Provided that, if the period of leave does not exceed one month, the leave may be granted by the President.

(3) During any temporary vacancy in the office of the Registrar due to leave or any other reason, the Council, with the previous sanction of the State Government, appoint another person to act in his place, and any person so appointed shall, for the period of such appointment, be deemed to be the Registrar for the purposes of this Act:

Provided that, when the period of such vacancy does not exceed one month, the appointment may be made by the President, who shall forthwith report such appointment to the Council and State Government.

(4) The Council may, with the previous sanction of the State Government, suspend, dismiss or remove any person appointed as the Registrar, or impose any other lesser penalty upon him.

(5) Save as otherwise provided by this Act, the salary and allowances and other conditions of service of the Registrar shall be such as may be prescribed.

(6) The Registrar shall be the Secretary and the executive officer of the Council. He shall attend the meetings of the Council and shall keep minutes of the names of members present and the proceedings at such meetings.

(7) The accounts of the Council shall be kept by the Registrar in the prescribed manner.

(8) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may perform such other duties and discharge such other functions as may be provided in this Act, or as may be prescribed.

(1) The Council may appoint such officers and servants, other than the Registrar, as it may deem necessary for performing its duties and discharging its functions by or under this Act

Provided that, the number and designations of such officers and servants and their salaries and allowances shall be determined by the Council.

(2) The other conditions of service (including provision for disciplinary matters) or the officers and servants of the Council shall be such as may be prescribed.

PART IV REGISTRATION AND POWERS AND DUTIES OF THE COUNCIL

(1) The State Government shall, as soon as may be, cause to be prepared a register of veterinary practitioners, for the State.

(2) The register shall be prepared and thereafter maintained in such form as the State Government may direct. The register shall contain the name, address and qualification of every person registered under this Act, together with the date on which such qualification was acquired.

(1) For the purposes of the preparation of the first register, the State Government may, by notification in the Official Gazette, appoint an officer as the Registration Officer.

(2) The State Government by the same or like notification shall appoint a date on or before which the application for registration shall be made to the Registration Officer.

(3) The Registration Officer shall examine every application received on or before the appointed day, and after making such enquiry in the prescribed manner, if he is satisfied that the applicant is qualified for registration under section 18, shall, subject to the provisions of sub-section (4), direct the entry of the name of the applicant to be made in the register.

(4) The name of every veterinary practitioner whose name on the day immediately preceding the commencement of this Act stood entered in the register maintained under the Bombay Veterinary Practitioners Act, 1953, shall be entered in the register prepared under this Act without such practitioner being required to make an application, but may be required to pay such retention fee as may be prescribed.

(5) The register so prepared shall thereafter be published in such manner as the State Government may direct.

(1) Upon the constitution of the Council for the first time after the commencement of this Act, the register shall be given into its custody by the State Government and the State Government shall direct that all or a specified part of the application fee for registration in the first register shall be paid to the credit of the Council. The State Government shall notify in the Official Gazette the date on which the register is given in the custody of the Council.

(2) The Registrar shall keep the register correct as far as possible and may from time to time enter therein any material alteration in address or qualification of the registered practitioners. The names of registered practitioners who die or whose names are directed to be removed from the register under section 20 shall be removed from the register.

(3) The State Government may direct that any alteration in the entries as respects additional qualifications shall not be made except on payment of any such fees as be prescribed by it in that behalf.

(1) Subject to the provisions of this Act, every person shall, if he holds any of the qualifications included in the Schedule, be entitled on application to be registered, on payment of such fee as may be provided by regulations and on giving evidence to the satisfaction of the Registration Officer or the Registrar, as the case may be, of his possession of a qualification entitling him for registration.

(2) The State Government may, after consulting the Registration Officer or the Council, as the case may be, permit the registration of any person who has been actually conducting veterinary practice in the State of Maharashtra on such conditions as may be provided for by regulations made for this purpose notwithstanding the fact that he may not be possessing qualifications entitling him to have his name entered in the register.

(3) Every person for the time being registered with the Veterinary Council of any other State in India under any law for the registration of veterinary practitioners in force in such State shall, if reciprocity of registration has been arranged with such Council, be entitled to be registered under this Act, on making an application in that behalf, on payment of such fee as may be provided by regulations and on his informing the Registration Officer or the Registrar, as the case may be, of the date of registration under the said law and on giving a correct description of his qualifications with the dates on which they were granted.

(4) Any person who has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1898, or who, being or having been subject to military law, has been convicted under the Army Act or under the Indian Army Act, 1911, or under the Army Act, 1950 of an offence which is also a cognizable offence as so defined and any person who after due enquiry has been held guilty by the Council of infamous conduct in any professional respect may be refused registration under this Act.

(1) Any person aggrieved by the decision of the Registrations Officer or Registrar regarding the registration of his name or any entry in the register may appeal

(a) against the decision of the Registration Officer, the State Government, and

(b) against the decision of the Registrar, to the Council.

(2) An appeal -

(a) to the State Government shall be filed within thirty days from the date of publication of the first register under sub-section (5) of section 16 and on payment of a fee of Rs. 5; and

(b) to the Council shall be filed within such period and on payment of such fee, and shall be heard and decided by the Council in such manner as may be provided by regulations.

(3) The State Government in the case of the first register, and in other cases the Council, may on its own motion or on the application of any person after due and proper enquiries and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register if in the opinion of the State Government or the Council, as the case may be, such entry was fraudulently made or caused to be made.

(1) Notwithstanding anything contained in section 18 or 25, the Council may direct that a renewal fee of such amount as may be approved by the State Government shall be paid by each veterinary practitioner for the continuance of his name on the register.

(2) Where the renewal fee is not paid before the date fixed by the Council in that behalf, the Registrar shall remove name of the defaulter from the register

Provided that, the name so removed may be re-entered in the register on payment of the fee in such manner and subject to such conditions as the Council may, by regulations, direct.

No certificate required by or under any law for the time being in force from any veterinary practitioner or veterinary officer shall be valid unless the person signing the same shall have been registered under this Act.

No person shall, except with the sanction of the State Government, hold any appointm for the performance of veterinary duties in any veterinary dispensary, hospital or infirmary which is not supported entirely by voluntary contributions, or which belongs to a local authority or in any public establishment, body or institution, unless he is registered under this Act.

Every Registrar of Deaths on receiving notice of the death of registered veterinary practitioner shall forth with transmit by post to the Registrar a certificate under his own hand of such death with the particulars of time and place of death and may charge the cost of such certificates and transmission as an expense of his office.

(2) The Registrar shall also cause to be printed and published annually on or before a date to be decided by the Council an addendum or corrigendum to the list published under sub-section (1) showing -

(a) the names of all persons for the time being entered or re entered in the register, and not included in any subsisting list already printed and published;

(b) the names of all practitioners included in any subsisting list, whose names have since been removed on account of any reason whatsoever from, and re-entered in, the register: and

(c) any other amendments to the subsisting list.

(3) The form of the list published under sub-section (1), the particulars to be included therein, and the manner of its publication shall be such as may be prescribed.

(4) The list of names and qualifications printed and published in pursuance of sub-section (1) shall be evidence in all cases (until the contrary is proved) that the persons therein appearing are duly registered; and the absence of the name of any person from such list shall be evidence (until the contrary is proved) that such person is not registered

Provided that, in the case of any person whose name does not appear in such list, a certified copy under the hand of the Registrar of the entry of the name of such person in the register shall be evidence that such person is registered under the provisions of this Act.

The Council shall have authority to call on the governing body or authority of any veterinary college, school or other institution and on any examining body included in or desirous of being included in the Schedule-

(a) to furnish such particulars as the Council shall require of any course of study prescribed or examination held by such body or authority or in such college, school or institution, with reference to the grant of any veterinary qualification, and

(b) to permit any member of the Council deputed by the Council in this behalf to attend and be present at any such examination.

All moneys received by the Council as fees under this Act shall be applied for the purposes of this Act in accordance with such rules as may be made in this behalf by the State Government.

PART V OFFENCES AND PENALTIES

Notwithstanding anything contained in any law for the time being in force, no person other than a person registered under Part IV of this Act-

(a) shall sign or authenticate any veterinary or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified veterinary practitioner, or

(b) shall be qualified to give evidence as an expert under section 45 of the Indian Evidence Act, 1872, on any matter relating to veterinary science.

No person shall add to his name any title, description, letters or abbreviations which imply that he holds a degree, diploma, licence or certificate as his qualification to practise any system of veterinary science unless-

(a) he actually holds such degree, diploma, licence or certificate; and

(b) such degree, diploma, licence or certificate is specified in the Schedule or is recognized by law for the time being in force in India or in any part thereof or has been conferred, granted or issued by an authority empowered or recognized as competent by the State Government to confer, grant, or issue such degree, diploma, licence or certificate.

Whoever contravenes the provisions of section 28 or 29 shall be punished, in the case of a first conviction, with fine which may extend to two hundred and fifty rupees and in the case of subsequent conviction, with fine which may extend to five hundred rupees.

Whoever falsely pretends to be registered under this Act or not being registered under this Act uses in connection with his name or title any words or letters representing that he is so registered shall, whether any person is actually deceived by such pretence or representation or not, be published, on conviction, with fine which may extend to three hundred rupees.

No court other than the Court of a Presidency Magistrate or of a Magistrate of the First Class shall take cognizance of or try an offence under this Act.

PART VI CONTROL

If it shall appear to the State Government on the report of the Council or otherwise, that the course of study and examinations prescribed by any of the institutions specified in column 1 of the Schedule confer ring the qualifications described in column 2 of that Schedule with their abbreviations specified in column 3 thereof are not such as to secure the possession by persons obtaining such qualifications of the requisite knowledge and skill for the efficient practice of their profession, or if it shall appear to the State Government, on the report of the Council or otherwise, that the course of study and examinations prescribed by any institution conferring a qualification not entered in the Schedule are such as to secure the possession by person obtaining such qualification of the requisite knowledge and skill for the efficient practice of their profession, it shall be lawful for the State Government, from time to time by notification in the Official Gazette, to direct that the possession of any qualification entered in the Schedule shall not entitle any person to registration under this Act, or to direct that the possession of any qualification not entered in the Schedule shall, subject to the provisions of this Act, entitle a person to be so registered, as the case may be, and the Schedule shall thereupon be deemed for all purposes to be altered accordingly.

(1) The State Government may give to the Council such directions as may be necessary for carrying out the purposes of this Act and it shall be the duty of the Council to comply with such directions. If the Council fails to comply with the directions so given the State Government may direct the carrying out of such directions and the expenditure incurred in carrying them out shall be paid out of the moneys credited to the Council.

(2) If at any time it shall appear to the State Government that the Council or any other authority has not been validly constituted or appointed under this Act, the State Government may direct that the powers to be exercised or duties or functions to be performed by the Council or such authority shall, notwithstanding anything contained in this Act, be exercised or performed by such officer or authority, in such manner and for such period as it deems fit.

PART VII MISCELLANEOUS

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, rules or regulations.

The Registrar and officers and servants of the Council appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

(1) The State Government may, after previous publication, by notification in the Official Gazette make rules to carry out the purposes of this Act. Such rules may include a provision for payment of fees for carrying out any such purpose.

(2) 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 while it is in session for a total period of thirty 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, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, from the date of publication of a notification in the Official Gazette, of such decision 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 or omitted to be done under that rule.

(1) The Council may, with the previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made under sub-section (1) of section 37 for all or any of the following matters, namely:

(a) the time at which and the place and manner in which election of the members of the Council shall be held under section 6:

(b) the time and place at which the Council shall hold its meeting and the manner in which such meeting shall be summoned under section 9:

(c) the fee for registration of persons entitled to be registered under sub-section (3) of section 18:

(d) the period within which and the manner in which appeals against the decisions of the Registrar shall be filed and heard and decided by the Council under section 19 and the fee payable with such appeals:

(e) the manner in which and the conditions subject to which the name of a veterinary practitioner shall be re-entered in the register on payment of renewal fee under section 21.

(2) All regulations shall be published in the Official Gazette.

(3) The State Government may by notification in the Official Gazette cancel any regulation.

PART VIII REPEAL AND TRANSITIONAL PROVISIONS

On the appointed day,-

(a) the Bombay Veterinary Practitioners Act, 1953, shall stand repealed:

(b) the Bombay Veterinary Council constituted under section 3 of the Act so repealed shall be dissolved, and all the members of that Council shall vacate office.

Save as otherwise provided by or under this Act, and unless the context requires otherwise

(1) all rules, regulations, orders and notifications made or issued under the Bombay Veterinary Practitioners Act, 1953, and in force in the Bombay area of the State immediately before the appointed day shall also extend to, and be in force in, the rest of the State subject to such modifications, if any, as the State Government or the Council, as the case may be, by notification in the Official Gazette, make;

(2) all right of the Bombay Veterinary Council dissolved under section 39 (hereinafter in this section referred to as "the dissolved Council") shall, on the appointed day, vest in the Council constituted under this Act (hereinafter in this section referred to as "the Maharashtra Council");

(3) all the property moveable or immoveable which on the day immediately preceding the appointed day vested in the dissolved Council shall, subject to all limitations and conditions as were in force on the day immediately preceding the appointed day, vest in the Maharashtra Council;

(4) all sums due to the dissolved Council on any account, shall be recoverable by the Maharashtra Council which shall be competent to take any measure or institute any proceedings which it would have been open to the dissolved Council to take or institute it this Act had not come into operation;

(5) all debts, liabilities and obligations incurred by or on behalf of the dissolved Council, immediately before the appointed day and subsisting on the said day, shall be deemed to have been incurred by the Maharashtra Council in exercise of the powers conferred on it by this Act, and shall continue in operation accordingly;

(6) all proceedings and matters pending before any authority or officer immediately before the appointed day under the Bombay Veterinary Practitioners Act. 1953, shall be deemed to be transferred to and continued before the corresponding authority under this Act, competent to entertain such proceedings and matters;

(7) all prosecutions instituted by or on behalf of or against the dissolved Council and all suits and other legal proceedings instituted by or on behalf of or against the dissolved Council or any officer of such Council on behalf of the dissolved Council, pending on the appointed day, shall be continued by or against the Maharashtra Council;

(8) all officers and servants of the dissolved Council (except the Registrar and any other officer and servant who is a Government servant) holding office immediately before the appointed day shall be deemed to be the officers and servants appointed to serve the Maharashtra Council and shall, until provision is otherwise made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service or retirement benefits to which they were entitled to or subject to on the day immediately preceding the appointed day:

Provided that, the service rendered by such officers and servants before the appointed day shall be deemed to be service rendered under the Maharashtra Council:

Provided further that, nothing in this clause shall be deemed to prevent the Maharashtra Council, after the appointed day, from passing in relation to any such officer or servant any order terminating his service on payment of such reasonable amount by way of compensation as it may, with the previous approval of the State Government, determine.

G. N., A. & F. D, No. BVP. 1054-D, dated 9th January 1956

In exercise of the powers conferred by sections 11, 12, 13, 17 and 23 read with sub-section (1) of section 32 of the Bombay Veterinary Practitioners Act, 1953 (Born. LXVIII of 1953), the Government of Bombay hereby makes the following Rules, namely

1. Preliminary

1. These Rules may be called the Bombay Veterinary Practitioners Rules, 1955.

2. In these Rules, unless the context otherwise requires,

(a) "Act" means the Bombay Veterinary Practitioners Act, 1953;

(b) "Form" means a form appended to these Rules;

(c) Government means the Government of Bombay;

(d) "Section" means a section of the Act.

11. List of Members of Council

3. The Registrar shall maintain a list, containing the names of the members elected on the Council, the electorates they represent, the date of election of each of such member, the term of his office, and the date of death or retirement of each such member. The list shall also contain similar particulars in regard to members nominated by Government. The Registrar shall keep the list always up-to-date so that it shows at a glance when the next election or nomination, as the case may be, is due.

4. One hundred and twenty days before the expiration of the term of office of any member appointed on the Council, the Registrar shall make a report in writing regarding the vacancy to the President if the vacancy is to be in respect of an elected member, and both to the President and Government if the vacancy is to be in respect of a nominated member.

5. If a vacancy occurs in the office of a member of the Council through resignation, death, removal or disability of such member or otherwise, previous to the expiry of his term of office, the Registrar shall make a report in writing to that effect to the President if such member was an elected member, or to the President and Government if he was a nominated member.

III. Procedure at Meetings of Council

6. Every member who desires to move any proposition at any ordinary meeting of the Council shall send a notice of such proposition to the Registrar at least 15 days in advance of the date fixed for such meeting.

7. On receipt of any such propositions the Registrar shall scrutinise them for the purpose of preparing the agenda.

8. The agenda of the business of the meeting shall be submitted to the President for approval. A copy of the agenda so approved shall be supplied to each member at least seven days in advance of the date fixed for the meeting.

9. A proposition shall not be admissible

(a)if the matter to which it relates does not fall within the scope of the Council's functions;

(b), unless it is clearly and precisely expressed and raises substantially only definite issue and which is not already included in the agenda;

(c)if it contains arguments, inferences, ironical expressions or defamatory statements.

If at the time appointed for a meeting a quorum is not present the meeting shall not commence until a quorum is present, and if a quorum is not present on the expiration of 30 minutes from the time appointed for the meeting, the meeting shall stand adjourned to such future date as the President may appoint.

11. The proceedings of the meetings of the Council shall be kept in writing by the Registrar which shall be authenticated, after confirmation, by the President.

12. A copy of the minutes of each meeting shall be sent to each member within thirty days of the meeting.

13. The minutes of each meeting shall contain in short the subject-matter of the item, a summary of any discussion thereon and the decision arrived at in the meeting but no comments.

14. The minutes shall be deemed to have been confirmed if no objection to their correctness is received by the Registrar from any member within fifteen days of the despatch of a copy of the minutes to a member under rule 12. If any objection is so received the minutes shall be Confirmed at the next meeting of the Council after taking the sense of the meeting.

15. A separate minute book for recording the minutes of meetings will be maintained and shall be permanently preserved.

16. The Council may appoint sub-committees from amongst its members to report upon any matters which it may deem necessary to refer to them.

IV Registrar

17. The Registrar shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the manner required under these Rules.

18. The Registrar shall maintain the Register in

19. The Registrar shall be present at every meeting of the Council.

20. The Registrar shall fulfil all the duties that he may be required to do under these Rules and the Regulations.

1 V. Maintenance of Register

21. Every person desirous of having his name entered in the register shall make an Application to the Registrar in the Form W. He shall also forward to the said authority necessary documents in support of his application :

Provided that in the case of a person desirous of having his name entered in the first register an application in Form 'X shall be made to the Registration Officer before the date appointed for the purpose under section 12 together with the necessary documents, if any, in support of such application. Before the name of such person is entered in the register, the Registration Officer may call for such further information as he may require in connection with application or the qualification of the applicant.

22. The Registration Officer and the Registrar shall keep the register of veterinary practitioners in Form W.

23. Each page in the register shall be verified and signed by the Registrar.

24. Every entry in the register shall be carefully made and overwriting, interpolations, or erasures shall be avoided. Any correction necessary shall be carefully made and attested under dated initials of the Registrar.

25. The Registrar shall keep the register correct, as far as possible, from the information received from verterinary practitioners. A fee of Rs. 3 shall be charged for alteration in the entries in the register as respects additions and qualifications.

26. Every person whose name has been entered in the register shall be entitled to receive from the Registrar on application a certificate of registration in Form 'C'. Such certificate shall set forth the full name of the person registered, his designation, his address, the date and his place of registration and the qualifications in respect of which he has been registered.

27. (1) Every application by a person for the removal of his name from the register at his own request shall be accompanied by a declaration to the effect that he is not aware of any proceedings or of any reason for the institution of any proceedings which might result in establishing some cause for the removal of his name from the register without his consent, or for depriving him without his consent of any qualification entitling him to be registered. The declaration shall be in Form 'D'.

(2) The Registrar shall bring such application to the notice of the President with objections, if any, and cause the name of the applicant to be removed with his approval, and intimate the same to the applicant.

28. No application for the restoration of the name of a person whose name has been removed under section 16 shall be entertained, unless it be accompanied by a declaration in Form 'E' setting forth the facts of the case, and stating that he is the person originally registered, and unless it be accompanied also by a certificate in Form 'F' regarding his identity from two veterinary practitioners registered under the Act. A fresh fee of Rs. 15 shall be levied for the registration of practitioners whose names have been removed from the register under section 16.

29. Along with the list published under section 21 the following information shall be published, namely :

(i) the total number of veterinary practitioners registered in the register;

(ii) the number of registered practitioners added during the preceding year;

(iii) the number of registered practitioners whose name have been discontinued since the publication of the last list;

(iv) the number of registered practitioners removed during the same period from the register, the cause of removal and the section of the Act under which each name was removed.

V. Penal Removals from the Register

30. Whenever information is received by the office of the Council that a registered veterinary practitioner or a practitioner who has made an application for registration, has been convicted of a cognizable offence as specified in section 14(4) or 16 of the Act or. has been censured by any judicial or other competent authority in relation to his professional character, or has been guilty of conduct which prima facie constitutes infamous conduct in a professional respect, the Registrar shall make an abstract of such information and shall submit the same to the President.

31. Where the information in question is in the nature of a complaint by a person or body, charging a registered practitioner with infamous conduct in any professional respect such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaint, and shall be accompanied by one or more declarations as to the facts of the case.

32. Every declaration shall state the description and true place of abode of the declarant, and where a fact stated in a declaration is not within the personal knowledge of the declarant, the source of the information and grounds for the belief of the declarant in its truth shall be accurately and fully stated. Declarations or part thereof which are otherwise than in conformity with this rule may not be accepted as evidence.

33. The abstract referred to in rule 30 and where a complaint has been lodged such complaint and all other documents bearing on the case shall be submitted by the Registrar to the President, who shall instruct the Registrar to ask the veterinary practitioner by means of a registered letter for any explanation he may have to offer. The Registrar shall then, if the President thinks fit, refer the matter to a subcommittee appointed under rule 16 which shall consider the same and shall have power to cause further investigation to be made, further-evidence to be taken, and obtain legal advice, if necessary. If the sub-committee comes to the conclusion that a prima

34. An enquiry for removal of a name from the register under section 16 shall be instituted by the issue of a registered notice in writing, on behalf of the Council, by the Registrar addressed to the veterinary practitioner in Form 'G' with such variations as the circumstances may require. Such notice shall specify the nature and particulars of the charge, and shall inform him of the day on which the Council intends to hear the case and shall call upon the veterinary practitioner to answer the charge in writing and to attend before the Council on such day. The notice shall be sent not less than three weeks before the date of hearing and shall be accompanied by a copy of the relevant sections of the Act and of the relevant rules. The complainant, if any, shall also be informed of the date of hearing within the same time.

35. In every case in which the sub-committee appointed by the Council resolves that an inquiry shall be instituted and a notice for an inquiry is issued accordingly, the complainant and the practitioner shall, for the purpose of his defence or reply, as the case may be, and upon a request in writing for that purpose signed by himself or his legal adviser be entitled to be supplied by the Registrar with a copy of any declaration, explanation, answer or other document given or sent to the Council by or on behalf of the other party, which such other party will be entitled on proper proof to use at the hearing as evidence in support of or in answer to the charge specified in the notice of inquiry; and every notice of inquiry shall draw the particular attention of the veterinary practitioner to this rule.

36. Any answer, evidence or statement forwarded, or application made, by the veterinary practitioner between the date of the issue of the notice and the day named for the hearing of the charge, shall be dealt with by the President in such manner as he, under legal advice, may think fit.

37. All material documents which are to be laid before the Council as evidence in regard to the case shall be typed and a copy shall be furnished to each member of the Council before the hearing of the case.

38. At the hearing of the case by the Council, its legal 'adviser may be present to advise it as to the conduct of the case. The complainant and also the veterinary practitioner may be represented or assisted by his legal adviser.

39. Where on the day of the hearing a complainant appears personally or by his legal adviser, the following shall be the order of procedure:

(1) The Registrar shall read to the Council the notice issued under rule 34.

(2) The complainant shall then be invited to state his case by himself or by his legal adviser and to produce his proof in support thereof. At the conclusion of the complainant's proof his case will be closed.

(3) The veterinary practitioner shall then be invited to state his case by himself or by his legal adviser and to produce his proof in support thereof. He may address the Council either before or at the conclusion of his proofs, but only once.

(4) At the conclusion of the veterinary practitioner's case the Council shall, if the veterinary practitioner has produced evidence, hear the complainant in reply on the case generally, but shall admit no further evidence except in any special case in which the Council may think fit to receive such further evidence. If the veterinary practitioner produces no evidence the complainant shall not be heard in reply, except by special leave of the Council.

(5) Where a witness is produced by any party before the Council, he shall be first examined by the party producing him, and then cross-examined by the adverse party and then re-examined by the former party. The Council shall have the right to decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross-examination.

(6) The President and the legal adviser of the Council, when present, may put questions to any witness and members of the Council through the President, may also put questions to any witness.

40. Where no complaint has been lodged or if the complainant does not appear on the day of the hearing, the following shall be the order of the procedure

(1) The Registrar shall read to the Council the notice issued under rule 34 and shall state the facts of the case and produce before the Council the evidence in support thereof.

(2) The veterinary practitioner shall then be invited to state his case by himself or by his legal adviser and to produce his proof in support thereof. He may address the Council either before or at the conclusion of his case, but only once.

41. Upon the conclusion of the case, the Council shall deliberate thereon among themselves and at the conclusion of the deliberations, the President shall call upon the Council to vote on the following resolution to be put from the Chair, namely

"That the facts (or the following facts specifying- therein) alleged against *** in the notice under rule 34 have been proved to the satisfaction of the Council."

If this resolution is carried, the Council shall proceed at once to pronounce its judgment on the case and shall be called upon by the President to vote on such of the following resolutions to be put from the Chair as may be applicable to the circumstances of the case, namely

In the case of a conviction

(a) That having been proved to have been convicted of the offence alleged against him in the notice the Registrar be directed to remove his name from the register.

In the case of a veterinary practitioner charged with infamous conduct in a professional respect

(b) That the Council do now judge to have been guilty of infamous conduct in his professional capacity and do direct the Registrar to remove from the register the name of

If resolution (a) or (b) as the case may be, is not carried, the President may announce the judgment of the Council in the form

That the Council do not see fit to direct the Registrar to remove from the register the name of

42. The Council may, if sufficient cause is shown at any stage of the hearing, grant time to the parties or to any of them, and may from time to time adjourn the hearing of the case.

Reasonable notice in writing shall be given by the Registrar to the veterinary practitioner and to the complainant, if any, of the day fixed for further consideration and the notice shall request the attendance of the veterinary practitioner on that day before the Council.

43. When the Council has received notice from any authority that any qualification specified in the Schedule to the Act granted by it has been duly and legally withdrawn from a registered veterinary practitioner by such authority, the Council shall, if it thinks fit, by formal resolution put by the President from the Chair, direct the Registrar to remove such qualification or qualifications from the register as appertain to such practitioner.

44. If, under rule 43 all the qualifications of any registered practitioner have been removed from the register, then the Council shall, if it thinks fit, by formal resolution put by the President from the Chair, direct the Registrar to remove the name of such practitioner from the register.

45. The Registrar shall, upon the decision to remove any name from the register pursuant to the provisions of rules in this Part, or of section 16 of the Act, forthwith send notice of such decision to the veterinary practitioner and such notice shall be sent by a registered letter addressed to the last known address or to the registered address of the veterinary practitioner. The Registrar shall also send, forthwith, intimation of any such decision to the Registrar of the University or other proper officer or authority from whom or which the veterinary practitioner had received his qualification or qualifications.

46. The Registrar shall, within one month after any names have been removed from the register, send to the authorities concerned, a list of all such names, and shall call the attention of each such authority to the following recommendation of the Council:

"The Council recommends that no person whose name has been once removed from, and has not been restored to the register may, without previous reference to the Council, be admitted to an examination for any new qualification which is registerable in the register."

VII. Certain Provisions Applicable to Veterinary Practitioners in Practice

47. The provisions of Part VI shall apply mutatis mutandis to veterinary practitioners whose names are entered in the register under sub-section (2) of section 14.

VIII. Council's Seal

48. The Council shall have a seal and the seal shall be kept securely in the custody of the Registrar.

49. The seal shall be affixed, only by order of the President, to the certificate to be granted under rule 26 or to such other documents as may be necessary to meet legal requirement.

IX. Accounts

50. An account shall be opened in the Imperial Bank of India, Poona Branch, hereinafter referred to as the Bank, in the name of the Council and all moneys of the Council shall be deposited in the said Bank :

Provided that the Registrar may retain in his possession an amount not exceeding Rs. 50 to meet emergent expenditure.

51. The Registrar shall receive all moneys payable to the Council and shall, subject to the proviso to rule 50, deposit them in the Bank to the credit of the Council. Receipts for all moneys received by the Registrar on behalf of the Council shall be given in Form 'H'.

52. All cheques on the Bank shall be signed both by the President and the Registrar.

53. The Registrar shall immediately bring into account in a General Cash Book all moneys received or spent by the Council.

54. The Registrar shall, in the month of July in each year, prepare a statement of the income and expenditure of the preceding financial year ending 3 1 st March and draw the attention of the Council to such matters as seen deserving of notice.

55. The annual accounts shall be made up by the Registrar under the direction of the President. They shall be audited by the Local Fund Audit Department as soon as possible after the close of each financial year.

56. In the month of September in each year an estimate of the revenue and of the expenditure of the Council for the year commencing on lst April next ensuing shall be laid before the Council.

57. Such estimate shall make provision for the fulfilment of the liabilities of the Council and for effectually carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, such grant as Government may allot and all fees received from registration and other sources.

58. The Council shall consider the estimate so submitted to it and shall sanction the same either unaltered or subject to such alteration as it may deem fit.

59. The Council may at any time during the year for which any estimate has been sanctioned cause a supplementary

60. A Bill or other voucher presented as a claim for payment shall be received and examined by the Registrar. If the claim be for a sum not exceeding rs 20 and the bill is in order, he shall pay it. If the claim be for a sum exceeding Rs 20 payment shall not be made until it has been examined and passed by the President.