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THE UNITED PROVINCES VETERINARY COUNCIL
ACT, 19471
(U. P. Act no. XX OF 1947)
Amended by
U. P. Act XXX of 1956
Adapted and modified by the Adaptation of Laws Order, 1950
[Passed by the United Provinces Legislative Assembly on
April 9, 1947 and by the United Provinces Legislative Council on May
26, 1947. Received the assent of the Governor of the United
Provinces on July 20, 1947, under section 75 of the Government of
India Act, 1935 and was published in the United Provinces
Government Gazette on August 2, 1947]
AN
AСТ
to provide for the Registration of Veterinary Practitioners in the
United Provinces
Preamble WHEREAS it is expedient to provide for the registration of
Veterinary practitioners in the United Provinces:
IT is hereby enacted as follows:
PRELIMINARY
Short title
and extent
1. (1) This Act may be called the United Provinces Veterinary
Council Act, 1947.
(2) It extends2 to the whole of [Uttar Pradesh]3.
Definition 2. In this Act, unless there is anything repugnant in the subject
or context,-
(a) "Council" means the Veterinary Council established under
section 3;
(b) "Hospital" means institutions, where animals are treated by
methods approved by the Council;
——————————————————————————————————————————
1. For S. O. R. see Gazette 1947, Pt. VII, pp 24-28.
2. This Act has been extended to the areas mentioned in column I of this table under the Act or Oder
mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with
effect from the date mentioned in column 4 against each area.
Areas Act or Order under which
extended
Notification, if any
under which enforced
Date from which
enforced
1 2 3 4
1. Rampur
District
Rampur (Application of Laws)
Act 1950,
.. Dec. 30, 1949
2. Banaras
District
Banaras (Application of Laws)
Order, 1949.
3262 (i) XVII-Merge
dated Nov. 30, 1949.
Nov. 30, 1949
3. Tehri Garhwal
District
Tehri-Garhwal (Application of
Laws) Order, 1949.
3262 (2) XVII-Merge
dated Nov. 30, 1949.
Nov. 30, 1949
3. Subs. by the A.O. 1950 for (the United Provinces).
[The United Provinces Veterinary Council Act, 1947]
4
(c) "Prescribed" means prescribed by rules made under this Act;
(d) "Registered Practitioner" means any person registered under
the provisions of this Act.
UTTAR PRADESH VETERINARY COUNCIL
Establishment
of the Uttar
Pradesh
Veterinary
Council
3. There shall be established a Council called [Uttar Pradesh]1
"Veterinary Council" and such Council shall be a body corporate having
perpetual succession and a common seal and shall by the said name
sue and be sued.
Constitution
or Council
4. (1) The said Council shall consist of thirteen members
appointed in the following manner, namely:–
(a) a President to be nominated by the [State Government]2
(b) five members to be nominated by the [State
Government]2;
(c) three members to be elected by Veterinary practitioners
residing in the [Uttar Pradesh]3 and registered under this Act,
or, in the case of the first election, qualified to be so registered;
(d) one member to be elected by the Executive Council of
the University to which the [State]3 Veterinary College may be
affiliated;
(e) two members to be elected by the [Uttar Pradesh]1
Legislative Assembly and one by the [Uttar Pradesh]1 Legislative
Council.
Nomination
of members
in Default of
election
5. If the electoral body referred to in section 4 does not in the
case of vacancy referred to in section 10, within three months and, in
any other case, by such date as may be prescribed by rules made in
that behalf under clause (a) of sub-section (2) of section [35]4, elect a
person to be a member of the Council, the [State Government]2 shall
nominate a member in his place, and a person so nominated shall be
deemed to be a member as if he had been duly elected by such body.
Publication of
names of
members
6. The name of every person elected or nominated under
section 4 or 5 shall be published by the [State Government]2 in the
official Gazette.
Leave of
absence to
members
7. The Council may permit a member to absent himself from
the meetings of the Council for a period not exceeding six months.
Occurrence
of casual
vacancies
8. (1) A member of the Council shall be deemed to have vacated
his seat who—
(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
Council, "from" three consecutive meetings of the Council; or
——————————————————————————————————————————
1. Subs. by the ‘‘A.O.’’ 1950 for (the United Provinces).
2. Subs. by the A.O. 1950 for (Provisional Government).
3. Subs. by ibid for (Provincial).
4. Subs. by Sl. 4 of Sch. to S. 3 of U.P. ‘‘Act XXX’’ of 1956.
[The United Provinces Veterinary Council Act, 1947]
6
(c) is absent out of India for a period exceeding six consecutive
months.
(2) On the occurrence of a vacancy referred to in sub-section
(1), the President shall forthwith report the fact of such vacancy to the
[State Government]1.
Filling of
casual
vacancies
9. If a member of the Council dies or resigns his membership,
or ceases to be a member as provided in sub-section (1) of section 8, the
vacancy shall be filled within three months by a fresh election or
nomination, as the case may be.
Term of
office of
members
10. (1) The term of office of a member of the Council shall be
three years from the date of his acceptance of office.
(2) A person ceasing to be a member by reason of the expiration
of his term of office shall be eligible for re-election or renomination.
Quorum and
voting
11. (1) No business shall be transacted at a meeting of the
Council unless a quorum of six members be present.
(2) In the absence of the President at a meeting some other
member, to be chosen from among the members present, shall act as
Président.
(3) Save as otherwise provided in clause (b) of sub-section (1) of
section 26, 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, or, in his
absence, of the member presiding at the meeting.
(4) No act or proceeding of the Council shall be deemed invalid
merely by reason of a vacancy in the Council or of a defect in the
election or nomination of a person acting as a member of the Council.
Regulations to
meetings
12. (1) Subject to the provisions of this Act and of any rules
made by the [State Government]1 under this Act, the Council may make
regulations in respect of-
(a) the time and place at which such meetings shall be held;
(b) the issue of notices convening such meetings; and
(c) the conduct of business threat.
(2) Until such time as the regulations referred to in sub-section
(1) have come into operation, it shall be lawful for the President to
summon a meeting at such time and place as to him shall seem
expedient, by letter addressed to each member.
Payment of
expenses to
members
13. There shall be paid to the members of the Council such
expenses as may from time to time be prescribed by regulations under
clause (a) of sub-section (3) of Section 35.
Appointment
of registrar
and other
official
14. (1) The Council-
(a) shall appoint a Registrar;
(b) may grant leave to such Registrar and appoint a person
to act in his place; and
——————————————————————————————————————————
1. Subs. by the A.O. 1950 for (Provincial Government).
[The United Provinces Veterinary Council Act, 1947]
8
Act no. XLV
of 1860
(c) shall pay to the Registrar and to the person (if any) ap-
pointed to act in his place such salary and such allowances (if
any) as the Council may determine from time to time:
Provided that the appointment and the salary and allowance (if
any) of the Registrar shall be subject to the previous sanction of the
[State Government]1.
(2) The Council may appoint such other officers and such
ministerial staff and servants as it may consider necessary for the
purposes of this Act, and shall pay them such salary and such
allowances (if any) as the Council may determine.
(3) The Registrar or the person appointed to act in his place
shall act as Secretary to the Council.
(4) Every person appointed under sub-section (1) and (2) shall
be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.
Punishment
and dismissal
of officials of
the Council
15. (1) The Council may punish or dismiss a person appointed
under sub-sections (1) and (2) of section 14 after he has been given a
reasonable opportunity of showing cause against the action proposed to
be taken in regard to him:
Provided that-
(a) previous sanction of the [State Government]1 shall be
necessary in the case of a person appointed under sub-section (1)
of section 14;
(b) a person appointed under sub-section (2) of section 14
shall have a right of appeal to the [State Government]1 against an
order under this section within one month from the date of the
communication of the order 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.
Orders by
Council for
maintenance
of register
The Registrar of Veterinary Practitioners
16. (1) The Council shall, as soon as convenient after the
commencement of this Act, and from time to time as occasion may
require, make orders for regulating the maintenance of a register of
Veterinary Practitioners.
(2) The said register shall be kept in such form as may be
prescribed.
Registrar
functions in
respect of
register
17. (1) The Registrar shall keep the register of Veterinary Prac-
titioners in accordance with the provisions of this Act and of any orders
made by the Council and shall from time to time make all necessary
alterations in the registered addresses or appointments, and the
registered qualifications entered therein or titles, of the practitioner
entered therein and erase the names of any practitioners who have died
or have permanently ceased to practice in [Uttar Pradesh]2.
——————————————————————————————————————————
1. Subs. by the A.O. 1950 for (Provincial Government).
2. Subs. by ibid for the (United Provinces).
[The United Provinces Veterinary Council Act, 1947]
10
(2) The Registrar may send by post, a letter to any registered
practitioner, addressed to him according to his registered address or
appointment, to inquire whether he has ceased to practice in [Uttar
Pradesh]1 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 dispatch, the Registrar may erase the name of such
registered practitioner from the register:
Provided that any name erased under this sub-section may be
re-entered in the register under the direction of the Council.
Person
entitled to be
registered
18. Every person referred to in the Schedule and every person
for the time being registered under any Act for the registration of
Veterinary Practitioners, in force in any other province in India, if
reciprocity 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 under clause (b) of sub-section (3) of section 35, 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 26:
Amendment
of Schedule
Provided also that the Registrar, if so directed by the Council,
shall refuse to register the name of any person who holds any veterinary
degree, diploma or certificates granted in [* * *]2 India.
19. If the [State Government]1 on the report of the Council
otherwise, is satisfied—
(a) that a title granted or qualification certified by a
University, examining body or other institution is a sufficient
guarantee that a person holding such title or qualification
possesses the knowledge and skill requisite for efficient practice
of his profession, or
(b) that a title or qualification referred to in the Schedule is
not a sufficient guarantee as aforesaid, it may, if it thinks fit,
direct by notification in the official Gazette-
(1) in case (a) that the possession of such title or
qualification shall, subject to the provisions hereinafter
contained and on payment of such fee as may be fixed in this
behalf by regulation made under clause (b) of sub-section (3)
of section 35, entitle a person to have his name entered in
the register of Veterinary Practitioners, or
(2) in case (b) that the possession of such title or
qualification shall not entitle a person to have his name
entered in the said register.
——————————————————————————————————————————
1. Subs. by A.O. 1950 for the (United Provinces).
2. The word (British) Omit. by A.O. 1950.
[The United Provinces Veterinary Council Act, 1947]
12
Power of
Council to
call for
information
from
Veterinary
College or
School
20. The Council shall have power to call on the governing body
or authorities of a Veterinary College or School, included in or desirous
of being included in the Schedule–
(a) to furnish such reports, returns or other information as
the Council may require to enable it to judge of the efficiency of
the instruction given therein in Veterinary medicine and surgery;
and
(b) to provide facilities to enable a member of the Council
deputed by the Council in this behalf to be present at the exa-
mination held by such college or school.
Information
required of
applicant for
registration
21. Every person who applies to have his name entered in the
register of Veterinary Practitioners-
(a) must satisfy the Registrar that he is possessed of some title or
qualifications referred to in the Schedule as altered by notifications (if
any) issued under section 19; and
(b) he must correctly inform the Registrar of the dates on which
he obtained the titles or qualifications which entitled him to claim
registration under this Act; and
(c) give the Registrar any information which he reasonably may
require for the purposes of discharging his duties under this Act.
Entry of new
titles and
qualifications
in register
22. If a person whose name is entered in the Register of
Veterinary Practitioners obtains any title or qualifications other than the
title or qualifications in respect of which he has been registered, he shall
on payment of such fee as may be fixed in this behalf by
regulation made under clause (b) of sub-section (3) of section 35, be
entitled to have an entry stating such other title or qualification made
against his name in the register, either in the substitution for, or in
addition to, any entry previously made.
Disposal of
fees
23. All fees received by the Council under this Act shall in the
manner prescribed, be applied for the purposes of this Act.
Appeal to
Council from
Decision of
Registrar
24. If a person is dissatisfied with a decision of the Registrar,
refusing to enter any title or qualification of such person in the register
of Veterinary Practitioners, he may, at any time within three months
from the date of such decision, appeal to the Council.
Erasure of
fraudulent
and incorrect
entries
25. Any entry in the register of Veterinary Practitioners which is
proved to the satisfaction of the Council to have been fraudulently or
incorrectly made, may be erased under 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
Council to
prohibit
entry in or to
direct
removal from
the register
etc.
26. (1) The Council may upon reference from the [Registrar]1 or
otherwise prohibit the entry in, or order the removal from, the Re-
register of the name of any Veterinary Practitioner-
(a) who has been sentenced by a criminal court or a court
martial to imprisonment for an offence indicating in the opinion
of the Council such a defect in character as would render the
entry or continuance of his name in the register undesirable; or
——————————————————————————————————————————
1. Subs. by al. 4 of Sch. to Sec. 3 of U.P. Act XXX of 1956 for the word ‘‘register’’.
[The United Provinces Veterinary Council Act, 1947]
14
(b) whom the Council after inquiry (at which an opportunity
has been given to him to be heard in his defence and to appear
either in person or by counsel, vakil, pleader or attorney, and
which may in 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 and
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 unregistered practitioners, so
long as the unregistered practitioner-
(a) is possessed of one of the qualifications specified in the
Schedule; and
(b) is not a person whose name it has reason 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 thereof were made.
(3) The Council may direct that the name 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
State
Government
from decision
of Council
27. (1) An appeal shall lie to the [State Government]1 from every
decision of the Council under section 24 or 26.
(2) Every appeal under sub-section (1) shall be preferred within
three months from the date of such decision.
Bar to suit
and other
legal
proceedings
28. No suit or other legal preceedings shall lie in respect of any
act done in the exercise of power conferred by this Act on the [State
Government]1 or the Council or the Registrar.
Notice of
deaths and
erasure of
names from
register
29. (i) Every Registrar of deaths who receives notice of the death
of a person whose name he knows to be entered in the register of
Veterinary Practitioners shall forwith transmit by 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.
(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.
Penalty on
unregistered
person
representing
that he is
registered
30. If a person whose name is not entered in the register of
Veterinary Practitioners falsly pretends that it is so entered or uses in
connexion with his name or title any words or letters representing that
his name is so entered he shall, whether any person is actually received
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.
——————————————————————————————————————————
1. Subs. by A.O. 1950 for the word ‘‘Provincial Government’’.
[The United Provinces Veterinary Council Act, 1947]
16
Proceedings in
inquiris and
appeals
31. For the purpose of any inquiry held under section 26, or of
any appeal under section 24, the council shall be deemed to be a court
within the meaning of the Indian Evidence Act, 1872, and shall exercise
the powers 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 accordance with the provisions of
section 5 and sections 8 to 10 of the said Public Servants, (Inquiries)
Act, 1850.
Reservation
of certain
appointments
to registered
practitioners
32. No person other than a registered practitioner shall be com-
petent to hold an appointment as a Veterinary Physician, Surgeon or
other Veterinary Officer in any veterinary hospital which is supported
partially or entirely by public [or] 1 local funds, or in any public
establishment, body or institution or as a Veterinary Officer under a
local authority unless he is registered under this Act.
Qualified
practitioners
certificates
33. No certificate required by any Act from any Veterinary
Practitioner or Veterinary Officer shall be valid unless the person signing
the same shall have been registered under this Act.
Annual Veterinary List
Publication
of and
presumption
as to entries
in Annaul
Veterinary
list
34. (1) The Registrar shall, in every year, on or before a date to
be fixed in this behalf by the Council, cause to be printed and published
a correct list of the names for the time being entered in the register of
Veterinary Practitioners setting forth-
(a) all names entered in the register arranged in alphabetical
order according to the surnames
(b) the registered address or appointment of each person whose
name is entered in the register; and
(c) the registered titles and qualifications of each such person,
and the date on which each such title was granted or each such
qualification was certified.
(2) Every court shall presume that a person whose name is
entered in the latest of such lists is duly registered under this Act, and
that a person whose name is not so entered is not registered under this
Act:
Provided that, in the case of 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 this Act.
Rules and Regulations
Rules and
Regulations
35. (1) The [State Government]2 may, after previous publication,
from time to time make rules consistent with this Act to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, the Government may make rules-
(a) to regulate elections under this Act;
(b) to prescribe the form of the register of Veterinary Practitioners
to be maintained under this Act;
——————————————————————————————————————————
1. Add by S. 4 of Sch. 3 of U.P. Act XXX of 1956.
2. Subs. by A.O. 1950 for the Provincial Government.
[The United Provinces Veterinary Council Act, 1947]
18
(c) to regulate the application of fees;
(d) to regulate the procedure to be followed by the Council in :-
(i) conducting any inquiry under section 26; and
(ii) disposing of appeals from the decision of the Registrar
preferred under section 24.
(3) In addition to the power conferred by section 12, the Council
may, with the previous sanction of the [State Government] 1 make
regulations--
(a) to prescribe the expenses payable to members of the
Council,
(b) to prescribe the fees chargeable in respect of any
registration under this Act;
(e) to regulate the keeping of accounts; and
(d) to prescribe conditions of service of persons appointed
under section 14.
(4) All such rules and regulations shall be published in the
official Gazette.
Control of
Council by the
State
Government
36. If at any time it shall appear to the [State Government]¹
that the Council has failed to exercise or has exceeded or abused a
power conferred upon it under this Act, or has failed to perform a duty
imposed upon it by this Act, the Government may, if it considers such
failure, excess, or abuse to be of a serious character, notify the
particulars thereof to the Council; and if the Council fails to remedy
such default, excess or abuse within such time as may be fixed by the
Government in this behalf, it 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 may be convenient
to constitute a new Council of the members prescribed in section 4.
THE SCHEDULE
Persons who are entitled to have their names entered in the
register of Veterinary Practitioners.
(1) Bachelors, Masters and Doctors of Veterinary Science of the
Universities of Madras and the Punjab.
(2) Licensed Veterinary Practitioners (Punjab).
(3) Graduates of the Madras Veterinary College.
(4) Graduates of the Bombay Veterinary College.
(5) Graduates of the Bengal Veterinary College.
(6) Graduates of the Punjab Veterinary College.
(7) Graduates of the Bihar Veterinary College.
(8) Fellows and Members of the Royal College of Veterinary
Surgeons, Great Britain and Ireland.
(9) Bachelors, Masters and Doctors of Veterinary Science of any
of the Universities in Great Britain and other parts of the British
Commonwealth.
——————————————————————————————————————————
1. Subs. by the A.O. 1950 for (Provincial Government).
2
About this act
- Jurisdiction
- Uttar Pradesh
- Enactment date
- 1947-08-02
- Sections available
- 36
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