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THE INCHEK TYRES LIMITED AND NATIONAL RUBBER MANUFACTURERS LIMITED (NATIONALISATION) ACT, 1984

Title : THE INCHEK TYRES LIMITED AND NATIONAL RUBBER MANUFACTURERS LIMITED (NATIONALISATION) ACT, 1984

Year : 1984



CHAPTER VIII

MISCELLANEOUS


52.Transfer of registration.


52. Transfer of registration.- Where a registered veterinary practitioner of one State is practising veterinary medicine in another
State, he may, on payment of prescribed fee which shall not exceed the renewal fee for registration in such other State, make an application in the prescribed form to the Council for the transfer of his name from the State veterinary register of the State where he is registered to the State veterinary register of the State in which he is practising veterinary medicine, and on receipt of any such application, the Council shall, notwithstanding anything contained elsewhere in this Act, direct that the name of such person be removed from the first-mentioned State veterinary register and entered in the
State veterinary register of the second-mentioned State and the State
Veterinary Councils concerned shall comply with such direction:

Provided that such a person shall be required to produce a certificate to the effect that all dues in respect of his registration in the former State have been paid:

479.Provided further that where any such application for transfer is made by a veterinary practitioner against whom any disciplinary proceeding is pending or where for any other reason it appears to the
Council that the application for transfer has not been made bona fide and the transfer should not be made, the Council may, after giving the veterinary practitioner a reasonable opportunity of making a representation in this behalf, reject the application.


53.Bar of jurisdiction.


53. Bar of jurisdiction.- No order refusing to enter a name in a register or removing a name from a register shall be called in question in any court.


54.Issue of duplicate certificates.


54. Issue of duplicate certificates.- Where it is shown to the satisfaction of the Registrar of the State Veterinary Council that a certificate of registration or a certificate of renewal has been lost or destroyed, the Registrar may, on payment of the prescribed fee, not exceeding ten rupees, issue a duplicate certificate in the prescribed form.


55.Penalty for falsely claiming to be registered.


55. Penalty for falsely claiming to be registered.-If any person whose name is not for the time being entered in a register falsely represents that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.


56.Misuse of titles.


56. Misuse of titles. If any person,--

(a) not being a person registered in a register, takes or uses the description of a veterinary practitioner, or

(b) not possessing a recognised veterinary qualification, uses a degree or a diploma or a licence or an abbreviation indicating or implying such qualification,

he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both.


57.Practice by unregistered persons.


57. Practice by unregistered persons.-(1) After the expiry of one year from the date appointed under sub-section (2) of section 45, no person, other than a registered veterinary practitioner or a person permitted by the State Government under the proviso to clause (b) of section 30 shall practise veterinary medicine or render minor veterinary services, as the case may be, in that State.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both.


58.Failure to surrender certificate of registration.


58. Failure to surrender certificate of registration.- If any person whose name has been removed from a register fails without sufficient cause forthwith to surrender his certificate of registration or certificate of renewal, or both, he shall be punishable with fine which may extend to five hundred rupees and in case of a continuing offence with an additional fine which may extend to ten rupees per day after the first day during which the offence continues.

480


59.Cognizance of offence.


59. Cognizance of offence.- No court shall take cognizance of any offence punishable under this Act except upon complaint made by order of the State Government or State Veterinary Council.


60.

Bar of suit and other legal proceedings.


60. Bar of suit and other legal proceedings.- No suit or other legal proceedings shall lie against the Central Government or the
State Government or the Council or a State Veterinary Council in respect of anything which is in good faith done or intended to be done in pursuance of this Act, or of any rules, regulations or orders made thereunder.


61.Payment of part of fees to Council.


61. Payment of part of fees to Council.- The State Veterinary
Council shall, before the end of June in each year, pay to the Council a sum equivalent to one-fourth of the total fees realised by the State
Veterinary Council under this Act during the period of twelve months ending on the 31st day of March of that year.


62.Accounts and audit.


62. Accounts and audit.- (1) The Council shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the
Comptroller and Auditor-General of India.

(2) The accounts of the Council shall be audited annually by the
Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the
Council to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the
Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of
India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers and to inspect the office of the Council.

(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

(5) A copy of the accounts of the Council as so certified together with the audit report thereon shall be forwarded simultaneously to the Council.


63.Appointment of Commission of Inquiry.


63. Appointment of Commission of Inquiry.-(1) Whenever it appears to the Central Government that the Council is not complying with any of the provisions of this Act, the Central Government may appoint a
Commission of Inquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being the Judge of a High
Court and one by the Council and refer to it the matter on which the inquiry is to be made.

(2) The Commission shall proceed to inquire in a summary manner and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend.

(3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration.

481.(4) After the report is finally accepted, the Central Government may order the Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission.

(5) Whenever it appears to the State Government that the State
Veterinary Council is not complying with any of the provisions of this
Act, the State Government may likewise appoint a similar Commission of inquiry in respect of the State Veterinary Council to make inquiry in like manner and pass such orders or take such action as specified in sub-sections (3) and (4).


64.Power of Central Government to make rules.


64. Power of Central Government to make rules.-(1) The Central
Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters II, III, IV and V.

(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


65.Power of State Government to make rules.


65. Power of State Government to make rules.- (1) The State
Government may, by notification in the Official Gazette, make rules to carry out the purposes of Chapters VI, VII and VIII.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the manner in which the President of the State
Veterinary Council shall be elected under section 36;

(b) the manner in which election under Chapter VI shall be conducted;

(c) the procedure to be observed by the State Veterinary
Council at its meetings under sub-section (6) of section 38;

(d) the conditions and restrictions with respect to the constitution of Executive Committee and other Committees under section 40;

(e) the fees and allowances for attending the meetings of the State Veterinary Council and the Committees under section 41;

(f) the terms and conditions of appointment of the
Registrar, other officers and employees of the State Veterinary
Council under sub-section (2) of section 42;

482.(g) the particulars to be included in the State veterinary register under clause (e) of sub-section (4) of section 44;

(h) the fee which shall be accompanied by an application for registration under sub-section (2) of section 45 and sub-section
(1) of section 47;

(i) the form of certificate of registration under sub-
section (5) of section 45 and sub-section (5) of section 47;

(j) the fee payable under section 46, section 50, section 52.and section 54;

(k) the renewal fee under sub-section (1) of section 48;

(l) the manner of payment of renewal fee under the proviso to sub-section (2) of section 48;

(m) the charge for supplying printed copies of the State veterinary register under section 51;

(n) the form of duplicate certificate under section 54;

(o) any other matter which is to be or may be prescribed under Chapters VI, VII and VIII.

(3) 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 where it consists of two Houses, or, where such Legislature consists of one House, before that House.


66.Power to make regulations.


66. Power to make regulations.-(1) The Council may, with the previous approval of the Central Government, make regulations, not inconsistent with the provisions of this Act and the rules made under section 64, to carry out the purposes of Chapters II, III, IV and V.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--

(a) the manner in which the President and Vice-President shall be elected under sub-section (4) of section 3;

(b) the procedure to be observed respectively by the Council and the Committee at their meeting under sub-section (6) of section 9 and sub-section (2) of section 12;

(c) the terms and conditions of appointment of the
Secretary, other officers and employees of the Council under sub-
section (2) of section 11;

(d) the fees and allowances for attending the meetings of the Council and the Committees under section 13;

(e) the form and manner in which the Indian veterinary practitioners register shall be maintained under sub-section (1)
of section 23;

483.(f) the manner of keeping the Indian veterinary practitioners register under sub-section (2) of section 23;

(g) the form and manner in which an application may be made under section 24;

(h) the form of application and the fee payable under sub-
section (1) of section 25;

(i) the form of certificate of registration under sub-
section (2) of section 25;

(j) the fee payable under sub-section (3) of section 25;

(k) the form of duplicate certificate under sub-section (3)
of section 25;

(l) the form and manner in which an application may be made and the fee payable under sub-section (1) of section 26;

(m) the standards of professional conduct and etiquette and code of ethics to be observed by veterinary practitioners under sub-section (1) of section 31;

(n) any other matter for which under this Act provision may be made by regulations.

(3) Every regulation shall, as soon as may be after it is made by the Council, be forwarded to the Central Government and that
Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.


67.Repeal and saving.


67. Repeal and saving.- As from the commencement of this Act in any State, every other Act relating to any matter contained in this
Act and in force in that State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed and the provisions of section 6 of the General Clauses Act, 1897 (10 of
1897), shall apply to such repeal as if such other Act were a Central
Act.

Last updated on May, 2015

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