The Mizoram Licensing and Regulation of private Veterinary Hospitals and Clinics Act, 2021
The Mizoram Licensing and Regulation of private Veterinary Hospitals and Clinics Act, 2021
Chapter I PRELIMINARY
1. Short title, extent and commencement -
1) This Act may be called ‘The Mizoram Licensing and Regulation of private Veterinary Hospitals and Clinics Act, 2021". 2) It shall extend to the whole State of Mizoram: Provided that the Government may, by notification in the Official Gazette, exempt any area from the operation the whole or any portion of this Act but not so as to affect anything done or any offence committed or any fine imposed or penalty incurred or any proceedings commenced already in such area before this Act comes into force and may, in like manner, vary or cancel such notification. 3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of the Act, or for different areas.
Chapter I PRELIMINARY
2. Definitions -
In this Act, unless the context otherwise requires: a) “animal” means pet animals or commercial animals or exotic animals; b) “applicant” means a registered professional person who applies for a license to run for a veterinary establishment; c) “area” means a non-enclosed space forming part of a room/building; d) “Department” means Animal Husbandry and Veterinary Department, Government of Mizoram; e) “Director” means the Director of Animal Husbandry and Veterinary Department; f) “Government” means the State Government of Mizoram; g) “Hazardous Waste Materials” means blades, injection needles and other sharp objects, expired medicinal products and surgically removed organs or part of organs/carcass; h) “Inspection Team” means a group of members appointed for inspection and recommendation under this Act; i) “Licensee” means a person who is licensed to run a veterinary establishment; j) “MPCB” means Mizoram Pollution Control Board; k) “Notification” means notification published in the Official Gazette; 1) “Official Gazette” means the Mizoram Gazette; m) “premises” means a physical structure consisting of one or more rooms of a building; n) “professional and ethical standards” include the standard of the general conduct of the members of the registered veterinary profession, as well as the behavior of any such member towards his client or the patient under his care or being attended by him, during or consequential to his profession; o) “registered veterinary practitioner” means veterinary graduate registered under State Veterinary Council; p) “room” means a space enclosed by fixed walls of fixed partitions, wherein there is sufficient correct light and air proportions, as well as possessing closable doors; q) “State Veterinary Council” means the Mizoram State Veterinary Council; r) “the practice of Veterinary Medicine” means Veterinary Disease Investigation (including consultancy), diagnosis or treatment (including prophylactic measures to control or prevent disease), performed on animals by veterinary surgeons in the course of their professional duties, which ensure the health and welfare of animals entrusted to their care. The professional duties of a veterinary surgeon include private or academic clinical practice,duties in animal welfare organizations, government service and commerce; s) “Veterinary Establishment” means the premises where a veterinary surgeon carries out veterinary practices and may be called a veterinary hospital or a veterinary clinic; t) “Veterinary Hospital” means a veterinary establishment having an autonomous and more composed organization and identity, in which a group of veterinary surgeons, generic or specialized, exercise their veterinary practices, and wherein animals are kept for more than one day, and a 24-hours emergency service is obligatory, basic clinical and required surgical services are offered, as well as a specialized service; u) “Veterinary Clinic” means a single building or a room with access to animals, wherein a basic clinical and surgical service or specialized services are offered. Basic diagnostic procedures on animal samples may be allowed. In this type of veterinary practice, the clinic may have an autonomous organization and identity, in which one or more veterinary surgeons exercise their act of profession and the practice, is carried out in the name of all the veterinarians considered as one unit. However, each veterinary surgeon may retain fiscal and professional individuality but share the premises, equipment or staff. The clinic will not provide for overnight stay of animals.
Chapter II LICENSE AND LICENSING AUTHORITY
3. Granting or renewal of license -
1) No person may operate, manage, set up or operate a veterinary of establishment without a license. This license is initially valid for one year as provisional registration, extendable and renewable for 5 years as permanent registration under provisions stated. 2) A license for the opening or carrying on of a veterinary establishment may only be granted or renewed provided such establishment complies with the provisions of these regulations and of any other law which establishes the payment of fees for the respective practice. 3) Prior to the granting or renewal of a license an inspection may be carried out by a team of officers from the Department comprising three members appointed by the Director and members of State Veterinary Council; Provided that the team members mentioned above may conduct inspection when considered required.
Chapter II LICENSE AND LICENSING AUTHORITY
4. Licensing Authority and application for license -
1) The Director shall be the licensing authority, 2) An application for a license for a veterinary establishment shall be made to the Director in writing. The Director shall communicate to the State Veterinary Council for comment and advice; Provided that where an application for a license is already pending before these regulations come into force, such application shall be deemed to have been made under these regulations. 3) In making an application for a license for a veterinary establishment, an applicant shall furnish such particulars as are specified in the Schedule and such other information as the State Veterinary Council may require. 4) Any application for a license, including the renewal of a license, for a veterinary establishment shall be accompanied by a fee payable to the Government from time to time by notification published in the Official Gazette. 5) License is to be granted or refused within 60 (sixty) days period counting from the date of receipt of the application by the Director from the applicant.
Chapter II LICENSE AND LICENSING AUTHORITY
5. Refusal to issue etc., renew license -
The Director, on the advice of the State Veterinary Council, may refuse to issue or renew, or withdraw a license in respect of a veterinary establishment if: a) the licensee, or any person employed or proposed to be employed by the applicant to assume responsibility for the veterinary establishment has been convicted by a Court in a crime involving moral turpitude; or b) for reasons connected with the physical location, construction, state of repair, accommodation, staffing or equipment, the veterinary establishment is not fit to be used as a place of consultancy practice, clinic, hospital or laboratory; or c) the veterinary establishment is, or any premises used in connection therewith are, used or proposed to be used for purposes which are not related to the particular function of that veterinary establishment or which are in any way improper, unethical or unlawful; or d) the arrangements for the management and control of the services provided at the veterinary establishment are not adequate.
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