The Maharashtra Veterinary Practitioners Act, 1971

1. (1) This Act may be called the Maharashtra Veterinary Practitioners Act, 1971.
2. (2) It extends to the whole of the State of Maharashtra.
3. (3) It shall come into [UNCERTAIN: possible reading = 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. (1) "appointed day" means the date on which the Maharashtra Veterinary Council is duly constituted or deemed to be constituted under this Act;
2. (2) "Council" means the Maharashtra Veterinary Council established under section 3;
3. (3) "Director" means the Director of Animal Husbandry, Maharashtra State, Poona;
4. (4) "member" means a member of the Council;
5. (5) "prescribed" means prescribed by rules;
6. (6) "President" means the President of the Council;
7. (7) "register" means the register of veterinary practitioners maintained under section 15;
8. (8) "registered veterinary practitioner" means a veterinary practitioner whose name is for the time being entered in the register;
9. (9) "Registrar" means the Registrar appointed under section 13;
10. (10) "Registration Officer" means the Registration Officer appointed under section 16;
11. (11) "Schedule" means the Schedule appended to this Act.

1. (1) The State Government shall, as soon as may be after the preparation of the first register, by notification in the Official Gazette, establish a Council to be called the Maharashtra Veterinary Council.
2. (2) The Council shall also act as an advisory body to the State Government in all policy matters in relation to the veterinary profession, veterinary education and development of animal husbandry in the State.

1. (1) The Council shall consist of the following members, 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 the 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. (2) The Director shall be the President of the Council.

If any of the members is not elected under clause

1. (c) or clause
2. (d) of sub-section

1. (1) of section 4, then the State Government may, notwithstanding anything contained in sub-section
2. (1) of that section, nominate such member to represent the registered veterinary practitioners, and the member so nominated shall, for the purposes of the Act, be deemed to have been duly elected under clause (c), or as the case may be, clause (d), of sub-section
3. (1) of section 4.

The election of the veterinary practitioners under clause

1. (c) of sub-section

1. (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. (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
2. (1) of section 4 shall hold office only so long as he is the Principal of a veterinary college in the State, or is a member of the Senate or the Court of the University as the case may be.
3. (2) Any elected or nominated member may at any time resign his office by letter addressed to the President. Such resignation shall take effect from the date on which it is received by the President.
4. (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
5. (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.
6. (4) Leave of absence may be granted by the Council to any member for a period not exceeding six months.

The Council shall meet at such time and place and every meeting of the Council shall be summoned in such manner, as may be provided by regulations: Provided that, until such regulations are made, it shall be lawful for the President to summon a meeting of the Council at such time and place as he may deem expedient by letter addressed to each member.

1. (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 themselves to preside.
2. (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. (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. (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. (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 wholetime officer or servant of the Council.
2. (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. (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.

1. (1) The Council shall, with the previous sanction of the State Government, appoint a Registrar.
2. (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. (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 the State Government.
4. (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. (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. (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. (7) The accounts of the Council shall be kept by the Registrar in the prescribed manner.
8. (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. (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. (2) The other conditions of service (including provision for disciplinary matters) of the officers and servants of the Council shall be such as may be prescribed.

1. (1) The State Government shall, as soon as may be, cause to be prepared a register, of veterinary practitioners, for the State.
2. (2) The register shall be prepared and thereafter maintained in such form as the State Government may direct.

Preparation of first register

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

1. (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. (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. (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 fee as may be prescribed by it in that behalf.

1. (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. (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 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. (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. (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. (1) Any person aggrieved by the decision of the Registration 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, to the State Government, and
   • (b) against the decision of the Registrar, to the Council.
2. (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
3. (5) of section 16 and on payment of a fee of Rs. 5;

No person shall, except with the sanction of the State Government, hold any appointment 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 forthwith 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.

1. (1) The Registrar shall once in every five years on or before a date to be fixed by the Council, cause to be printed and published a correct list of the names and qualifications of all persons for the time being entered in the register and the dates when such qualifications were acquired, in alphabetical order according to the surnames of the persons registered.
2. (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
3. (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.
4. (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.
5. (4) The list of names and qualifications printed and published in pursuance of sub-section
6. (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—

1. (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
2. (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.

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—

1. (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
2. (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—

1. (a) he actually holds such degree, diploma, licence or certificate ; and
2. (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 punished, on conviction, with fine which may extend to three hundred rupees.

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

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 conferring 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 persons 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. (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. (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.

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. (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. (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. (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
2. (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. (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.
4. (2) All regulations shall be published in the Official Gazette.
5. (3) The State Government may by notification in the Official Gazette cancel any regulation.

On the appointed day,—

1. (a) the Bombay Veterinary Practitioners Act, 1953, shall stand repealed;
2. (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. (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. (2) all rights 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. (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. (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 if this Act had not come into operation :
5. (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. (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. (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. (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.

(See sections 18, 26 and 33) Part I—Recognised Veterinary degrees and diplomas granted by institutions in India. Serial No. Institution. Qualifications. Abbreviation for registration. (1) (2) (3) 1. Agra University. .. Bachelor of Veterinary Science and Animal Hus- B. V. Sc. & A. H. bandry. 2. Andhra University. .. Do. .. Do. 3. Bihar University. .. Do. .. Do. 4. Bombay University. .. (1) Bachelor of Science (Veterinary) .. B. Sc. (Vet.). (2) Bachelor of Veterinary Science .. B. V. Sc. (3) Bachelor of Veterinary Science and Animal B. V. Sc. & A. H. Husbandry. 5. Calcutta University. .. Bachelor of Veterinary Science .. .. B. V. Sc. 6. Gauhati University. .. Bachelor of Veterinary Science and Animal Hus- B. V. Sc. & A. H. bandry. 7. Kerala University. .. Bachelor of Veterinary Science. .. .. B. V. Sc. 8. Madras University. .. Bachelor of Veterinary Science .. .. B. V. Sc. 9. Mahatma Phule Krishi (1) Bachelor of Veterinary Science and Animal B. V. Sc. & A. H. Vidyapeeth, Rahuri. Husbandry. (2) Bachelor of Veterinary Science .. B. V. Sc. 10. Osmania University. .. Bachelor of Veterinary Science .. .. B. V. Sc. 11. Punjab University. .. Do. .. Do. 12. Punjabrao Krishi Vidya- (1) Bachelor of Veterinary Science and Animal B. V. Sc. & A. H. peeth, Akola. Husbandry. (2) Bachelor of Veterinary Science .. B. V. Sc. 13. Rajasthan University... Bachelor of Veterinary Science and Animal Hus- B. V. Sc. & A. H. bandry. 14. Saugar University. .. Bachelor of Veterinary Science .. .. B. V. Sc. 15. Utkal University. .. Bachelor of Veterinary Science and Animal Hus- B. V. Sc. & A. H. bandry. 16. Vikram University. .. Bachelor of Veterinary Science and Animal Hus- B. V. Sc. & A. H. bandry. 17. Assam Veterinary College. Graduate in Veterinary Science .. .. G. V. Sc. 18. Bengal Veterinary College. (1) Graduate of Bengal Veterinary College. G. B. V. C. (2) Graduate in Veterinary Science .. G. V. Sc. 19. Bihar Veterinary College. Graduate of Bihar Veterinary College .. G. B. V. C. Serial No. Institution. Qualifications. Abbreviation for registration. (1) (2) (3) 20. Bombay Veterinary College. (1) Graduate of Bombay Veterinary College. G. B. V. C. (2) Two-year Diploma Certificate .. .. 21. Madras Veterinary College. Graduate of Madras Veterinary College .. G. M. V. C. 22. Punjab Veterinary College (1) Licensed Veterinary Practitioner .. L. V. P. (Lahore). (2) Graduate of Punjab Veterinary College. G. P. V. C. 23. Nagpur University. .. Bachelor of Science (Veterinary) .. .. B. Sc. (Vet.). 24. Nagpur Veterinary College. Two-year Diploma Certificate .. .. Part II—Recognised veterinary qualifications granted by institutions outside India. Serial No. Institution. Qualifications. Abbreviation for registration. (1) (2) (3) 1. Institutions in United Kingdom. Member of the Royal College of Veterinary Sur- M. R. C. V. geons, London. 2. Universities in Commonwealth Coun- Doctors of Veterinary Medicine or Bachelors of .. tries. Veterinary Science. 3. Institutions in U. S. A. Doctors of Veterinary Medicine ..