Lok Sabha Question No. 2238 (UNSTARRED), answered on 2018-07-31
Subject: Rules for Veterinarians Practice
Ministry: AGRICULTURE AND FARMERS WELFARE
Asked by: RAJEEV SHANKARRAO SATAV, HEENA VIJAYKUMAR GAVIT, SUPRIYA SADANAND SULE, VIJAYSINH MOHITE PATIL, DHANANJAY BHIMRAO MAHADIK, P.R. SUNDARAM, JAYAKUMAR JAYAVARDHAN

## GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF ANIMAL HUSBANDRY DAIRYING AND FISHERIES

LOK SABHA

UNSTARRED QUESTION No. 2238

TO BE ANSWERED ON 31 ST  JULY, 2018

## RULES FOR VETERINARIANS PRACTICE

2238: SHRI SATAV RAJEEV: DR. HEENA VIJAYKUMAR GAVIT:

SHRIMATI SUPRIYA SULE:

SHRI MOHITE PATIL VIJAYSINH SHANKARRAO:

SHRI DHANANJAY MAHADIK:

SHRI P.R. SUNDARAM:

DR. J. JAYAVARDHAN:

Will the Minister of AGRICULTURE AND FARMERS WELFARE कृ षि और ककसान कल्याण मंत्री be pleased to state:

- (a) whether Veterinary Council of India (VCI) rules allow Veterinarians to practice in the jurisdiction of any State without obtaining necessary VCI clearance or registration from the State Veterinary Council concerned in practicing State, if so, the details thereof;
- (b) whether such practices by these veterinarians are not deemed to be illegal or unauthorized, if so, the details thereof;
- (c) whether VCI rules have any penal provisions for such violations, if so, the stipulatoins thereof;
- (d) whether it is a fact that some veterinary doctors registered with the State Veterinary Council of another State and not legally authorized to practice in the NCR of Delhi, have been practicing in various organizations including animal NGOs from 2010 concurrently and illegally despite applicable rules;
- (e) if so, the details of the instances of such kind that came into VCI's notice on various complaints received, details of violators identified/reported and action taken by the Government in this regard since 2010 till date; and
- (f) whether VCI stipulations on the qualifications Para vets employed by veterinarians/NGOs must meet to practice in NGOs/voluntary/Government Organizations etc., if so, the steps taken by the Government in this regard?

## ANSWER

THE MINISTER OF STATE FOR AGRICULTURE AND FARMERS WELFARE ( SHRI MATI KRISHNA RAJ)

( a) & (b) Any person who wants to do veterinary practice in India shall have to be registered and his or her name needs to be included in the Indian Veterinary Practitioner Register maintained as per Indian Veterinary Council Act, 1984 Similarly, any person who wants to practice in any state needs have to be registered in the State Veterinary Council and his name shall be included in the Veterinary Practitioner register maintained by the State Veterinary Council. The provisions in the Indian Veterinary Council Act, 1984 are at Section 29 that provides for:

'Subject to the conditions and restrictions laid down in this Act, every person whose name is for the time being borne on the Indian veterinary practitioners register shall be entitled according to his qualifications to practice as a veterinary practitioner and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments and other appliances or any fees to which he may be entitled'

Further, Section 30 of the Indian Veterinary Council Act, 1984 provides for Rights of persons who are enrolled on Indian Veterinary Practitioners registers and says that 'No person other than a registered veterinary practitioner, shall  (a)hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority; and (b) practise veterinary medicine in any State 'provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render under the supervision and direction of a registered veterinary practitioner, minor veterinary services'.

The registered veterinary practitioner whose name has been entered in the Indian Veterinary Practitioner's register is entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner and also  entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872, on any matter relating to veterinary medicine.'

Section 46 of the IVC Act provides that  'A person shall be entitled, on payment of the prescribed fee not exceeding twenty five rupees, to have his name entered on the State Veterinary Register if he resides in the State and if he holds a recognised Veterinary qualification.'

Further, Section 52 of the Indian Veterinary Council Act, 1984 provides for  '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 Council's concerned shall comply with such direction:

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

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.'

( c) Section 55 of the IVC Act provides that 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 the 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 five not exceeding one thousand rupees or with both.

Further, Section 57 of the IVC Act, 1984 also provides that (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 and (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.'

(d) & (e ) As per information received from the Delhi Government Nine veterinary doctors registered with other State Veterinary Councils were found practicing in National Capital Territory of Delhi during raids or checking of Disciplinary Committee of Delhi Veterinary Council. They were penalized under section 57(2) of Indian Veterinary Council Act 1984 and fined One Thousand rupees each. The details are as under:

|   Sr.No | Name                    | Date when penalized   |
|---------|-------------------------|-----------------------|
|       1 | Dr. Prabhakaran         | 17.04.2013            |
|       2 | Dr. Suneel Kumar Singh  | 23.12.2016            |
|       3 | Dr. Nitin Chawala       | 10.01.2017            |
|       4 | Dr. Dheerender Kumar    | 11.01.2017            |
|       5 | Dr. Shahkool Khan       | 11.05.2017            |
|       6 | Dr. Bharat Bhushan Vats | 15.05.2017            |
|       7 | Dr.Ashish Kumar         | 17.05.2017            |
|       8 | Dr.Dinesh               | 17.05.2017            |
|       9 | Dr.Shabana Qayum        | 14.03.2018            |

(f) As per provision of Section 30(b) matters related to regulation of para-veterinary qualification and Minor Veterinary Services comes under the purview of State Government.