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Veterinary Surgeons And Practitioners (Amendment)


Published: 1994-02-23

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Veterinary Surgeons And Practitioners (Amendment)
Veterinary Surgeons And Practitioners (Amendment)
AN ACT TO AMEND THE VETERINARY SURGEONS AND PRACTITIONERS ACT, NO. 46 OF 1956

BE it enacted by the Democratic Socialist Republic of Sri Lanka as follows : -

[23rd February , 1994 ]
Short title.

1. This Act may be cited as the Veterinary Surgeons and Practitioners (Amendment) Act, No. 3 of 1994.

Amendment of section 2 of Act No. 46 of 1956.

2. Section 2 of the Veterinary Surgeons and Practitioners Act NO. 46 of 1956 (hereinafter referred to as the principal enactment") is hereby amended as follows : -

(1) by the repeal of paragraphs (b) and (c) of subsection (1) of that section and the substitution therefor of the following paragraphs : "

(b) is of good character ;

(c) is the holder of, the degree of Bachelor of Veterinary Science of the University of Ceylon or University of Peradeniya or such other qualification approved by the Council; and

(d) is the holder of a certificate issued by the Council under subsection (4)"

(2) by the repeal of subsection (2) of that section.

(3) by the insertion immediately after the repeated subsection (2) of that section of the following new subsections:-

(3) For the purpose only of enabling acquiring of such experience as is required for obtaining from the Council, a certificate under subsection (4) a person shall upon application made in that behalf to the Council, be registered provisionally as a veterinary surgeon for a period of six months if he satisfies the requirements specified in paragraphs (a), (b) and (c) of subsection (1).

(4) Where any person who is provisionally registered as a veterinary surgeon applies to the Council for a certificate under this subsection, the Council shall, upon being satisfied that the applicant has been engaged in employment in a capacity relating to Veterinary. Medicine, Veterinary Surgery and Animal Science and Livestock Development for the prescribed period in any one or more prescribed Institutions and has rendered satisfactory service while so employed, issue a certificate to that effect in the prescribed form.

(5) Nothing in subsection (1) shall affect or be deemed to affect, the registration of any person in the register, as a Veterinary practitioner prior to the date on which such subsection comes into force. ".

Replacement of section 3 of the principal enactment.

3. Section 3 of the principal enactment is hereby repealed and the following section is substituted therefor : "

"Application for registration.

3. Applications for registration as a veterinary surgeon or a veterinary practitioner shall be made to the Registrar.".

Replacement of section 4 of the principal enactment.

4. Section 4 of the principal enactment is hereby repealed and the following section is substituted therefor: "

"Registration fee.

4. No person shall be registered as a veterinary surgeon or a veterinary practitioner unless such person pays the prescribed fee.".

Repeal of section 5 of the principal enactment,

5. Section 5 of the principal enactment is hereby repealed.

Replacement of section 6 of the principal enactment.

6. Section 6 of the principal enactment is hereby repealed and the following section substituted therefor:-

" Provisional registration.

6.

(1) The Council shall have the power to delegate its functions in relation to provisional registration to the Registrar.

(2) Where a person's name is expunged from the register and thereafter his name Is inserted in the register by a fresh registration, such fresh registration shall not be deemed to be a renewal of the earlier registration. The fee for such registration shall be prescribed.".

Replacement of sections 7 and 8 of the principal enactment.

7. Sections 7 and 8 of the principal enactment are hereby repealed and the following sections are substituted therefor : "

Refund of fee on refusal.

7. Where an application for registration is not accepted by the Council, the fee paid by the applicant shall be refunded to him.

Registration valid for life.

8. The registration of a veterinary surgeon or a veterinary practitioner shall be valid for life, provided that his name is not expunged from the register by the Council. ".

Amendment of section 9 of the principal enactment.

8. Section 9 of the principal enactment is hereby amended by the repeal of subsections (2) and (3) of that section and the substitution therefor of the following subsection :

"(2) The register shall be maintained by the Registrar for and on behalf of the Council.'';

Replacement of section 10 of the principal enactment.

9. Section 10 of the principal enactment is hereby repealed and the following section is substituted therefor: "

" Duty of the Registrar.

10. The Registrar shall register in that part of the register which is for the registration of veterinary surgeons, the names addresses and qualifications of such of the persons who have made applications under section 3 for registration as Veterinary Surgeons and whose applications have been accepted by the Council. ",

Repeal of sections 11. 12, 13 and 14 of the principal enactment.

10. Sections 11, 12, 13. and 14 of the principal enactment :and hereby repealed.

Replacement of section 15 of the principal enactment.

11. Section. 15 of the principal enactment is hereby repealed and the following is substituted therefor:-

"Constitution of the Veterinary Council of Sri Lanka.

15. There shall be constituted a council which shall be called the Veterinary Council of Sri Lanka and which shall consists of the following members:-

(a)the Director of the Department of Animal Production and Health or his nominee :

(b) eight registered veterinary surgeons elected by the registered veterinary surgeons in accordance with the regulations made under this Act ; and

(c) the Dean of the Faculty of Veterinary Science of the University of Peradeniya or his nominee. ".

Replacement of section 17 of the principal enactment.

12. Section 17 of the principal enactment is hereby repealed and the following section is substituted therefor:-

"Term of office of members of the Council.

17.

(1) Every elected member of the Council shall, unless he vacates office earlier, hold office for four years from date of election or until such date as his successor is elected.

(2) Every elected member of the Council who vacates office by effluxion of time shall be eligible for reelection.

(3) A member of the Council shall vacate office -

(a) if he being the Dean of the Faculty of Veterinary Science of the University of Peradeniya, ceases to hold such office ;

(b) if he being a member other than the President or the Director of Department of Animal Production and Health, resigns his office by writing addressed to the President of the Council;

(c) if he being the President of the Council, resigns his office by writing addressed to the Minister ; or

(d) if he being the elected member, absents himself without leave from the Council. for three consecutive meeting of the Council.

(4) In the event of the death of, or vacation of office by, an elected member of the Council, any other person shall, in accordance with the provisions of section 16 be elected in place of such member and shall hold office during the remaining part of the term of office of such member ".

Amendment of section 18 of the principal enactment.

13. Section 18 of the principal amended as follows:-

(1) by the repeal of the proviso to subsection (1) of that section and

(2) by the repeal of subsection (3) of that section, and the substitution therefor of the following subsection ; "

"(3)No business shall be transacted at any meeting of the Council unless at least five members of the Council are present." ; and

(3) in subsection (5) of that section, by the substitution for the words ''election or nomination of any member ", of the words " election of any member".

Amendment of section 19 of the principal enactment.

14. Section 19 of the principal enactment is hereby amended by the substitution for the words and figures "by section 15 (1) and " ; of the words and figures "by section 15 and"

Emplacement of section 21 of the principal enactment.

15. Section 21 of the principal enactment is hereby repealed and the following section is substituted therefor :"

" Funds of the Council.

21. All fees paid for registration to the Registrar shall be credited to the funds of Council and there shall be paid out of such funds, the remuneration of the staff of the Council, all expenses incurred by the Council in the exercise of its powers and the discharge of its duties under this Act, and expenses incurred for any prescribed purpose.".

Repeal of section 22 of the principal enactment.

16. Section 22 of principal enactment is hereby repealed.

Insertion of new section 25A in the principal enactment.

17. The following new section is hereby inserted immediately after section 25 of the principal enactment and shall have effect as section 25A of that enactment: "

"The Council to make recommendation to the University.

25A. The Council shall have the power to evaluate the courses conducted by the University of Peradeniya and to make recommendations to the University from time to time on matters relating to the field of Veterinary Education in Sri Lanka. ".

Amendment of section 28 of the principal enactment.

18. Section 28 of the principal enactment is hereby amended as follows : -

(1) by the substitution in subsection (1) of that section for the words " the registering officer or the registrar ", of the words " the Registrar " ; and

(2) by the substitution in subsection (2) of that section for the words " the registering officer or the registrar" wherever those words occur in that subsection, of the words '" the Registrar ".

Replacement of section 29 of the principal enactment.

19. Section 29 of the principal enactment is hereby repealed and the following section is substituted therefor : "

" Insertion of additional qualification.

29. A registered veterinary surgeon who obtains any qualification in addition to his qualification specified in the register shall be entitled to have such qualification added to his qualifications in the Register, where such additional qualification is approved by the Council. ".

Amendment of section 32 of the principal enactment.

20. Section 32 of the principal enactment is hereby amended in subsection (2) of the section by the addition at the end of that subsection of the following paragraphs : "

(h) the branding and tattooing of any animal;

(i) the dressing of minor wounds of any animal. "

Amendment of section 34 of the principal enactment.

21. Section 34 of the principal enactment is hereby amended by the substitution for the words "University of Ceylon" or of the words " University of Ceylon or University of Peradeniya".

Amendment of section 35 of the principal enactment.

22. Section 35 of the principal enactment is hereby amended as follows: -

(1) by the substitution for the words ''The registering officer or the Registrar", of the words "The Registrar ", and

(2) by the omission of the words "the renewal of his registration".

Amendment of section 37 of the principal enactment.

23. Section 37 of the principal enactment is hereby amended by the substitution for the words "two hundred and fifty" and "five hundred", of the words "five hundred "and "one thousand" respectively.

Amendment of section 40 of the principal enactment.

24. Section 40 of the principal enactment is hereby amended by the repeal of paragraph (A) of subsection (2) of that section-

Replacement of section 41 of the principal enactment.

25. Section 41 of the principal enactment is hereby repealed and the following section is substituted there for :" '

Interpretation.

41. In this Act unless the context otherwise requires.

" Director of the Department of Animal Production and Health " means the person appointed to be or to act as the Director of Animal Production and Health ;

"Minister " means the Minister appointed under Article 44 of the Constitution to whom the subject of Animal Production and Health, has been assigned ;

"prescribed" means prescribed by regulation made under this Act;

"President" means the President of the Council;

"Registrar" means the registrar appointed by the Council;

"registered veterinary practitioner" means a person registered as a veterinary practitioner under this Act;

"registered veterinary surgeon" means a person registered as veterinary Surgeon under this Act ;

"the Council" means the Veterinary Council of Sri Lanka constituted under this Act".

Sinhala text to prevail in case of inconsistency.

26. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.