DRAFT VTERINARY COUNCIL ACT

Veterinary Council Act

AN ACT TO REPEAL THE VETERNARY SURGEONS AND PRACTITIONERS ACT NO. 46 OF 1956 AND TO IMPLEMENT A NEW VETERINARY COUNCIL ACT TO ESTABLISH VETERINARY COUNCIL, TO PROVIDE LAWS RELATING TO VETENARY SURGEONS, REGISTRATION OF VETERINARY SURGEONS, VETERINARY NURSES, ANIMAL VACCINATORS AND VETERINARY CLINICS AND FOR THE MATTERS CONNECTED THEREWITH.
(Date of Assent:…………………2021)

 

Preamble :

Part I

1. Short title

This act may be cited as Veterinary Council Act No ----- 2021.

 

Part II

Constitution of Veterinary Council of Sri Lanka

 

1. There shall be a Veterinary Council of Sri Lanka herein after referred to as “Council”  which consists of eleven members.

  1. Eight registered Veterinary Surgeons who shall be elected by the registered Veterinary Surgeons in accordance with the regulations made under this Act.
  2. The Director General of the Department in charge of Animal Production and Health (Ex-officio)
  3. The Dean of the Faculty of Veterinary Medicine and Animal Science of the University of Peradeniya (Ex-officio)
  4. A registered Veterinary Surgeon of the permanent cadre of the office of the Minster in charge of Livestock sector above the post of Assistant Director, appointed by the Minister

 

2.  No person shall be eligible to be a member of the Council unless he is a registered Veterinary Surgeon for a period of not less than ten years.

 

3.  The Council to be a body corporate

The Council shall be a body corporate with perpetual succession and a common seal and may sue and be sued in the name assigned to it by section 1 and shall be capable of acquiring, holding and alienating property whether movable or immovable.

 

4.  Powers of the Council

I.  The Council shall have following powers

(a)   Registration of Veterinary Surgeons

(b)  Registrations of Veterinary Nurses

(c)   Registration of Animal Vaccinators

(d)  Registration of Veterinary Clinics

(e)   To hold inquiry as set in the regulations of this Act and take action against unprofessional or infamous conduct of any Veterinary Surgeon, Veterinary Nurse, Animal Vaccinator or any person violates the Act.

(f)   To maintain bank accounts on behalf of the Council

(g)  To receive funds and acquire assets of the Council

(h)  To enter into agreements with outside parties

(i)    To take decisions on handling of funds of the Council account

(j)    To appoint Registrar and support staff and take disciplinary control and dismiss Registrar and/or support staff

II.  Power of the Council to order amendment or cancellation of a registration

 

The Council may, of its own motion or upon application made to it by any person, order the amendment of any entry in the register,

(a)   For the purpose of rectifying an error or updating information

(b)  For cancellation of any registration which has been fraudulently made or effected.

Before making an order under sub-section (II), the Council shall give the person who shall be affected by the order an opportunity to show cause why the order should not be made.

III.  Power of the Council to order a name in the register to be expunged

The Council may order the name of any Veterinary Surgeon or Veterinary Nurse or Animal Vaccinator to be expunged from the register if he,

(a)   Is convicted in any court of law of an offence involving moral turpitude which shows him to be unfit to practice as a Veterinary Surgeon, Veterinary Nurse or Animal Vaccinator

(b)  Being subject to military law, is convicted of an offence under the Army Act, No. 17 of 1949 or

(c)   Is found guilty of any unprofessional or infamous conduct after an inquiry by the Council as per the regulations in this act.

VI.  Power of the Council to restoration of expunged name to the register

Where the name of a person has been expunged from the register, the Council may order of its own motion or upon the application of that person to be registered again by a fresh registration upon completion of the period for which the name has been expunged from the register and such fresh registration shall not be deemed to be a renewal of the earlier registration. The fee for such registration shall be prescribed.

V.  The council shall have the power to grant approval to establish new veterinary faculties in universities or veterinary related courses in education institutes. Such approval shall be given after reviewing the course curriculum and need of the country by a subcommittee appointed by the Council. 

VI.  The Council to make recommendation to University/s and the Department in charge of Animal Production and Health and Higher Education Institutes

a) The Council shall have the power to evaluate the courses conducted by the Faculty of Veterinary Medicine and Animal Science of the University of Peradeniya or any other University in Sri Lanka and to make recommendations from time to time on matters relating to the field of Veterinary Education in Sri Lanka.

b) The Council shall have the power to make recommendations to the Department in charge of Animal Production and Health on matters related to the statutory and regulatory functions carried out by the Department for the betterment of the veterinary service in Sri Lanka.

c) The Council shall have the power to evaluate the courses conducted by the Higher Education Institutes to make recommendations from time to time on the courses offered on the field of Veterinary Education and Veterinary related services.

VII.  The council shall have the power to review and recommend the standards of the foreign universities and institutes providing veterinary education for the purpose of recognizing the Veterinary degree offered by such universities.

VIII.  The Council shall have the power to cancel or suspend registration of any veterinary clinic or veterinary hospital which is not established and managed complying with the standards stipulated by the Council.

 

5.  Duties of the Council

I. Regulate mal practices of Veterinary Surgeons, Veterinary Nurses or Animal Vaccinators

II. Make representations to the government on any matter connected with the Veterinary profession and Veterinary related activities in Sri Lanka.

III. To represent and make recommendation and proposals to the internship.

 

 6.  President of the Council

I. The Council shall appoint the President from among the elected members of the Council

II. The President shall, unless he vacates office earlier, hold the office of President for a period of two (02) years

III. Where the president vacates office before the expiry of his term of office, his successor shall hold the office of  President for the unexpired part of such term

IV. The Council may remove the president at any time due to misconduct or unsatisfactory performance by two third majority

 

 7.  Powers of president

I. Holding routine Council meetings

II. Calling emergency meetings

III, Representing the Council in all official and judiciary matters

 

8.  Terms of the elected Council members

I. The term of the elected Council member should be five years from the date of implementation of this Act.

II. Any elected member vacates office before the expiry of his term of office, his successor hold the office for the unexpired part of such term

III. Any elected member of the Council who vacates office by defluxion of time shall be eligible for re-election.

 

9.  Filling up of vacancies

In an event of a death or vacation of office by an elected member of the Council, the next candidate who obtained the highest number of votes at the recently held election shall hold office for the remaining part of the term of office of such member.

 

10.  Termination of office by member of the Council if:

I. Director General of the Department in charge of Animal Production and Health or the Dean of the Faculty of Veterinary Medicine and Animal Science of the University of Peradeniya, ceases to hold office

II. An elected member resigns his office by writing addressed to the President of the Council

III. An elected member, absent himself without leave from the Council for three consecutive meetings of the Council

IV. The majority of the council decides, any member of the council behaves contrary to the powers and duties of the Council

 

11.  Meetings of the Council

I. Council shall meet once in two months and the venue may be decided by the Council.

II. The President shall preside at every meeting of the Council and in his absence at any meeting, a member of the Council shall be chosen by the members present at the meeting to be the Chairman of the meeting.

III. No business shall be transacted at any meeting of the Council unless at least five members of the Council are present

IV. Every question arising at any meeting of the Council shall be decided by a majority of votes of the members present, and in the case of equality of votes, the President, or the Chairman shall have a casting vote.

V. No act or proceeding of the Council shall be deemed to be invalid merely by reason of any vacancy in the Council or any defect in the election of any member thereof or the absence of any member thereof on account of leave or otherwise.

VI. The Council members shall be paid an honorarium for attending the meetings as may be determined by the Council.

 

12.   Funds of the Council

The council shall maintain a current account in a state bank and all transactions shall be carried out through that account.

1. Source of funds

(a)   Registration fees of Veterinary Surgeons, Veterinary Nurses, Animal Vaccinators and Veterinary Clinics

(b)  Fees for issuing of certificates, identity cards and letters of good standing

(c)   Fees for qualifying examination and probationary training 

(d)  Annual donation from the Department of Animal Production and Health.

(e)   Funds from any other government sources

(f)   Funds received from other organizations, persons or non-governmental organizations

2. Use of funds

(a)   Salaries of the of the staff of the Council

(b)  Honorarium paid to the Council members

(c)   All other expenses incurred by the Council in the exercise of its powers and discharge of its duties under this Act

(d)  Any other expenses decided by the Council

(e)   Open up fixed deposits in state banks  

 

13.   Auditing

I. Financial year of the council shall be first of April to 31st March of the successive year.

II. Annual auditing shall be performed by a Registered Charted Accountant appointed by the Council

II. Audited financial report shall be approved at a Council meeting

                                 

14.  Appointment of Registrar and other support staff

I. The Council shall appoint a registered Veterinary Surgeon as a Registrar of the Council herein after referred to as “Registrar”, in accordance with the regulations made under this Act.

II. The Registrar unless he vacates office earlier, holds office for a period of six (6) year.

III. The Council may appoint other support staff as the Council may deem necessary

IV. The Registrar and support staff of the Council shall be paid remuneration as may be determined by the Council

V. If the Registrar or any member of the support staff behaves contrary to the powers and duties of the council, he may be removed immediately from the post with the majority decision of the council

 

15.  Duty of the Registrar

I. Registrar shall execute the decisions of the Council and carry out other statutory functions of the Council,

II. Registrar shall also be the Secretary and, until another person is appointed as Treasurer, the Treasurer of the Council.

III. Registrar is the custodian of all assets of the Council and shall not remove or destroy any register, document, record or ledger without proper approval of the Council.

IV. Registrar shall maintain the fixed assets of the council.

 

16.  Registers and Records

The Registrar shall maintain and keep all the registers and records of the Council in accordance to the regulations made under this Act and shall be the custodian of all such registers and records.

 

17.  Publication of annual list of registered Veterinary Surgeons, Veterinary Nurses and Animal Vaccinators

I. The Registrar shall in each year, on or before such date as may be determined by the Council cause to be  published in the Gazette a list in alphabetical order of the names of all persons who are on that date registered, together with their addresses, and qualifications and the dates on which such qualifications were obtained

II.  A list published in the Gazette under section (I) shall be admissible in evidence in all proceedings whether civil or criminal, and shall be evidence, until the contrary is proved, that the persons whose names appear in such list are registered as indicated therein and that any person whose name does not appear in such list is not registered as a Veterinary Surgeon, Veterinary Nurse or Animal Vaccinator.

III, In the case of any person whose name does not appear in such list, a certificate by the Registrar that such person is registered as a Veterinary Surgeon, Veterinary Nurse or Animal Vaccinator shall be admissible in evidence and shall be evidence that such person is so registered. Such certification shall be issued only with the direction of the Council.

IV.  In accordance with the directions of the Council, the Registrar shall make or amend any entry or in case of a death or disciplinary action, expunge any entry from the register.

V.  The Registrar shall notify the registration, renewal of registration, cancellation of registration, the expunction of name, the restoration of name or any amendments of the registration to the Veterinary Surgeon, Veterinary Nurse or Animal Vaccinator concerned.

 

18.  Change of residence by a registered Veterinary Surgeon, Veterinary Nurse or Animal Vaccinator

Whenever any registered Veterinary Surgeon, Veterinary Nurse or Animal Vaccinator changes his residence, he shall notify his new address to the Registrar who shall enter such address in the updated annual list.

 

19.  Insertion of additional qualifications

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

 

20.  Notification of registration or any amendments in the register

The Registrar shall notify the registration, renewal of registration, cancellation of registration, the expunction of name, the restoration of name or any amendments of the registration to the Veterinary Surgeon, Veterinary Nurse or Animal Vaccinator

 

21.  Certificate by the Registrar be admissible in evidence

A certificate by the Registrar that the name of any person is or is not registered in  a register or was or was not so registered as at a date or during a period specified in the certificate shall  be admissible in evidence and shall be sufficient prima facie evidence of the facts stated therein. Such certification shall be issued only with the direction of the Council.

 

22.  Assumption of title of Veterinary Surgeon

No person shall use or assume the title or designation or any name, title addition or description calculated to lead to the belief that he is a veterinary surgeon unless he is a registered Veterinary Surgeon.

 

23.  Restrictions of adding qualifications of Veterinary Surgeon  

No person shall add in his name any title, description or abbreviation which implies that he is the holder of degree, diploma, license or certificate which lead to the belief that he is a Veterinary Surgeon unless he is the holder of a degree of Bachelor of Veterinary Science of the University of Peradeniya or any other qualifications approved by the Council.

 

24.  Title of Veterinary Surgeon

A registered Veterinary Surgeon shall be designated (titled) as “Dr” in front of his name

 

25.  Validity of Certification by Veterinary Surgeons

Nocertificate required by any written law to be signed by a Veterinary Surgeon shall be valid unless the person signing such certificate is a registered Veterinary Surgeon.

 

26.  Right to recover fees for service provided as a Veterinary Surgeon

No person other than a registered Veterinary Surgeon shall be entitled to recover in any court of law any fees or charge for veterinary service or advice or attendance as a Veterinary Surgeon.

 

27.  Restriction of practice by unregistered persons

No person not being a registered Veterinary Surgeon shall

I  Take or use any name, title or addition implying a qualification to practice veterinary medicine or surgery by modern scientific methods, or implying or tending to the belief that he is a registered Veterinary Surgeon under this Act or by any Act or omission intentionally cause or permit any person to believe that he is a registered Veterinary Surgeon and to act upon such belief or

II. Practice for gain, or profess to practice, or publish his name as practicing Veterinary Medicine and Surgery.

 

28.  Restriction of practice of veterinary surgery by unqualified persons

I.  Except as provided in sub-selection (II)below, no person shall practice or hold himself out as practicing or as being prepared to practice Veterinary Medicine and Surgery unless he is a registered Veterinary Surgeon.

II.  The provisions of sub-section (I) above shall not apply to any skilled or trained person who performs any of the following acts.

(a)   Rendering to any animal in an emergency of first aid for the purpose of saving life or relieving pain

(b)  Termination of life of any animal by humane methods for a valid reason

(c)   Non-surgical castration of livestock  

(d)  Dressing of minor wounds of an animal

(e)   Inoculation of any animal or bird to prevent any disease

(f)   Identification of farm animals by branding, ear tagging, ear- notching or any other novel techniques.

(g)  Tooth clipping and docking of the tail of piglets

(h)  De-beaking of poultry

(i)   Hoof trimming

(j)   Artificial Insemination of farm animals (delete)

 

29.  Construction of “Veterinary Surgeon” in written law

In any written law, whether enacted before or after the commencement of this Act, the expressions “Veterinary Surgeon” shall be construed as Registered Veterinary Surgeon.

 

30.  Proof of contents of registers

Any extract from or copy of register certified by the Registrar to be true shall be admissible in evidence without proof and shall be sufficient prima facie evidence of contents of register. Such certification shall be issued only with the direction of the Council.

 

Part III

Veterinary Surgeons

 

1.  Qualifications for registration as a Veterinary Surgeon

Following qualifications shall be fulfilled by a person for registration as a Veterinary Surgeon

I.  Citizen of Sri Lanka according to the law for the time being in force relating to citizenship

II.  Good character as per the regulations made under this Act.

III.  Age not less than twenty-one years,

IV.  Degree of Bachelor of Veterinary Science of the University of  Peradeniya or any other university in Sri Lanka or an equivalent qualification of any university or Veterinary Education Establishment of any country which is recognized by the University Grants Commission and the Council and passed the qualifying examination prescribed in that behalf  by the Council.

V.  Successful completion of the internship program conducted by the Department of Animal Production and Health in accordance with the regulations made under this act.

 

2.  Application for registration

Application for registration as a Veterinary Surgeon shall be made to the Registrar in accordance with the regulations made under this Act.

 

3.  Registration fee

No person shall be registered as a Veterinary Surgeon unless such person pays the fee for registration to the Council. The fee for registration shall be determined by the Council from time to time.

 

4.  Certificate of registration

Upon completion of the requirements stipulated in sub section 1, 2, and 3 above, the Council shall issue a certificate of Registration as per the regulations of this Act.

 

5.  Registration valid for five (5) years

From the date of this Act comes into effect, the registration of all new Veterinary Surgeons shall be valid for a period of five (5) years provided that his name is not expunged from the Register by the Council.

 

6.  Renewal of Registration

A renewal fee decided by the Council shall be paid by the Veterinary Surgeon to renew the registration. It is the responsibility of the Registered Veterinary Surgeon to apply for renewal of registration on time.

 

7.  Refund of fee on refusal

Where an application for registration is not accepted by the Council, fifty percent of the fee paid by the applicant shall be refunded.

 

8.  Change of residence by a registered Veterinary Surgeon

Whenever any registered Veterinary Surgeon changes his residence, he shall notify his new address to the Registrar who shall enter such address in the updated annual list.

 

9.  Insertion of additional qualifications

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

 

10.  Provisional registration

On the recommendation of the Council, the registrar shall have the power to issue the provisional registration certificate to, 

I.  Any Sri Lankan who obtains the degree of Bachelor of Veterinary Science or any other equivalent qualification from the University of Peradeniya or any other university of Sri Lanka or Veterinary Education Establishment recognized by the University Grants Commission of Sri Lanka shall be eligible to get a provisional registration from the Council in accordance with the regulations made under this Act until successful completion of the internship period.

II.   Any Sri Lankan who obtains the degree of Bachelor of Veterinary Science or equivalent qualification from any foreign university or Veterinary Education Establishment which is recognized by the Council shall pass the qualifying examination conducted by the Council as per the regulations in this Act and obtain provisional registration from the Council in accordance with the regulations made under this Act until successful completion of the internship period.

III.  Any Sri Lankan who obtains the degree of Bachelor of Veterinary Science or equivalent qualification from any foreign university or Veterinary Education Establishment which is recognized by the Council and with minimum of three years experience in veterinary practice shall obtain provisional registration as per the regulations made under this Act to complete a probation period of six months as per the regulations made under this Act in a veterinary clinic, veterinary hospital or any other place recommended by the Council under the supervision of a Registered Veterinary Surgeon with not less than 10 years of service. After successful completion of the probation period he shall apply for permanent registration in accordance with the regulations made under this Act.

IV.  Any person who is not a citizen of Sri Lanka who obtains the degree of Bachelor of Veterinary Science from the University of Peradeniya or any other Veterinary Education Establishment in Sri Lanka recognized by the Council shall be eligible to get a provisional registration from the Council in accordance with the regulations made under this Act, until successful completion of the internship period.

V.  The fee for provisional registration, qualifying examination and  probationary period shall be determined by the Council.

 

11.  Internship period for Council registration

I.  Duration of the internship program shall be six months and shall be conducted by the Department of Animal Production and Health in accordance with the regulations made under this Act

II.  Any person who obtains provisional registration under section 10 (I and II) shall be paid a monthly internship allowance by the Department of Animal Production and Health as per the rate determined by the government from time to time during the internship period.

III.  Non citizens who obtains provisional registration under section 10 (IV) above and complete the internship program conducted by the Department of Animal Production and Health shall be eligible to register as a Veterinary Surgeon but not be eligible to get the internship allowance or any employment related to the veterinary profession in Sri Lanka.

 

12.  Temporary Registration

I.  Any person who is registered as a Veterinary Surgeon in another country, intends to work in Sri Lanka shall apply to the Council for temporary registration in the prescribed form for a period not exceeding six months.

II.  The Council shall, upon being satisfied that the applicant has been engaged in employment in a capacity relating to veterinary practice and has rendered satisfactory service while so employed, extend the temporary registration and such extension shall be granted at the sole discretion of the Council.

III.  The fee for temporary registration and extension of temporary registration shall be determined by the Council.

 

13.  Provisions contain in section 12, sub section I above shall not be applicable to Veterinary Surgeons who come on short term basis as consultants/experts or such positions to deliver their expertise in Sri Lanka on educational purpose or in an emergency or national disaster situations declared by the government of Sri Lanka.

 

Part IV

Veterinary Nurses

1.  Advisory Board

There shall for the purpose of this part be an advisory board herein after called as “Board” consisting of,.

I. President of the Veterinary Council of Sri Lanka

II. Director General of Department in charge of Animal Production and Health

III. Provincial Directors of Animal Production and Health

IV. Six persons nominated by the Veterinary Nurses Association

V. One member of the teaching profession of the Department in charge of Animal Production and Health, nominated by the Director General of the Department Animal Production and Health  

VI. One academic staff member of the Faculty of Veterinary Medicine and Animal Science of the University of Peradeniya nominated by the Dean of the Faculty.

 

2.  Chairman of the board

Chairman of the board shall be the President of the Veterinary Council of Sri Lanka

 

3.  Function of the  board

I. To make recommendations to the Council on such matters relating to the administration of this part of the Act as may from time to time referred to the board for advice or as may in the opinion of the board require consideration by Council.

II. Prepare and update the syllabus for training of the Veterinary Nurses

III. Prepare Guidelines for Veterinary Nurses for regulating the practice and providing for their proper supervision.

 

4.  Every member of the Board other than the President of Sri Lanka Veterinary Council, Director General of the Department of Animal Production and Health and Provincial Directors of the Department of Animal Production and Health shall unless he earlier vacate the office by resignation or revocation of appointment, holds office for a period of three years from the date of appointment of such member.

 

5.  Designation

I. There shall be veterinary assistants herein after called as “Veterinary Nurses.”

II. Veterinary Nurses shall use the designation of Registered Veterinary Nurses

III. Veterinary Nurses shall be recruited under a registered Veterinary Surgeon to assist the work of the registered Veterinary Surgeons working in veterinary clinics, veterinary hospitals, livestock and poultry farms, animal welfare centers, animal parks, zoos and any other similar institutes in the public and private sector.  

 

6.  No person shall be employed as a Veterinary Nurse unless he is a registered Veterinary Nurse in the Council

 

7.  Registration as a Veterinary Nurse

I. For citizens of Sri Lanka

(a)   Application for registration shall be made to the Registrar as per the prescribed form given in the regulations

(b)  Registration is valid for a period of ten years

II. For non-citizens of Sri Lanka

(a)   Application for registration shall be made to the Registrar as per the prescribed form given in the regulations

(b)  Registration is valid for a maximum period of one year

(c)   Should have a valid visa to work in Sri Lanka

III. Renewal of Registration

It is the responsibility of the Registered Veterinary Nurse to apply for renewal of registration on time.

 

8.  Eligibility to be registered as a Veterinary Nurse

I. Citizen of Sri Lanka

(a)   Successful completion of a diploma in Veterinary Nursing  conducted by the Faculty of Veterinary Medicine and Animal Science of the University of Peradeniya or any other organization recognized by the Council.

(b)  A certificate of efficiency issued by the  Faculty of Veterinary Medicine and Animal Science of the University of Peradeniya or any other organization recognized by the Council.

(c)   Good character as per the regulations made under this Act.

(d)  Age not less than 21 years.

II. Non-citizen of Sri Lanka

(a)   Certificate of registration as a Veterinary Nurse in his home country 

(b)  Certificate of good standing issued by the Veterinary Board/Council of the home country approved by the Council

(c)   Copy of the passport and valid visa to work in Sri Lanka

 

9.  Registration Fee

The fee for registration and renewal of registration shall be determined by the council.

 

10.  Duties of the Registered Veterinary Nurses

Veterinary nurses shall carryout following tasks under the supervision of Registered Veterinary Surgeon

I. Restraining and handling of animals for veterinary  procedures

II. Assist in surgical procedures

III. Dressing of wounds

IV.  Administration of pharmaceuticals and biologicals

V. Collection of samples namely, blood, urine, milk, faeces, pus, other body fluidsand tissue samples at necropsy examination

VI. Preparation of blood smears and staining of samples

VII. Sterilization and storage of laboratory glassware, surgical instruments and other medical and surgical supplies using appropriate methods

VIII. Maintenance and monitoring of anesthesia during and post-surgery

iX. Triagingof patients

X. Maintenance of instruments and equipment

XI. Maintenance of inventories

XII. Maintenance of records of patients

XIII. Preparation of patients for clinical procedures

 

11.  Cancellation of Registration

The council shall have the power to cancel or suspend any registration made and remove or delete the name from registry of Registered Veterinary Nurses after an inquiry held by the Council if that person is

I. Deprived of any educational certificate on the faith of which that person was registered as a veterinary nurse,

II. Convicted of an offence which is punishable with imprisonment and which shows that the person is unfit to practice as a veterinary nurse,

III. Of un-acceptable character or has been guilty of conduct unbefitting the profession of a veterinary nurse,

IV. Proved to be negligent, incapable to discharge duties as a veterinary nurse or unfit to be allowed to continue practice as a veterinary nurse.

V. Found to be disregarding the regulations and guidelines published by the Council.

Vi. Found to be guilty of an inquiry conducted by the Council or any person authorized by the Council to hold inquiry.

VII. The inquiry shall be held by a committee not less than three members of the Council.

 

 12.  The inquiry shall be held by a committee not less than three members of the Council

 

Part V

Animal Vaccinators

1.  There shall be Animal Vaccinators herein after called as “Vaccinators.”

 

2.  Advisory Board         

There shall for the purpose of this part be an advisory board herein after called as “Board” consisting of,

I. President of the Veterinary Council of Sri Lanka

II. Director in charge of Animal Health of the Department in charge of Animal Production and Health

III. Provincial Directors of the Department of Animal Production and Health

IV. Three representatives of Animal Vaccinators

 

3.  Representatives of Animal vaccinators unless earlier vacate the office by resignation or revocation of appointment, hold office for a period of three years from the date of appointment

 

4.  Chairman of the board

Chairman of the board shall be the President of the Veterinary Council of Sri Lanka

 

5.  Functions of the  board

I. To make recommendations to the Council on such matters relating to the administration of this part of the Act as may from time to time referred to the board for advice or as may in the opinion of the board require consideration by Council.

II. Prepare and update the syllabus for training of the Animal Vaccinators

III. Prepare Guidelines for Animal Vaccinators for regulating the practice and providing for their proper supervision.

 

6.  Vaccinators shall be recruited under a registered Veterinary Surgeon to assist the work of the Registered Veterinary Surgeons working in veterinary clinics, veterinary hospitals, livestock and poultry farms, animal welfare centers, animal parks, zoos and any other similar institutes in the public and private sector.  

 

7.  Designation

Animal Vaccinators shall use the designation of Registered Animal Vaccinators

 

8.  Eligibility to be a Registered Animal Vaccinator

I. Citizen of Sri Lanka according to the law for the time being in force relating to citizenship

II. Good character as per the regulations made under this Act

III. Attained the age of twenty-one years

IV. Successfully completed a course of training related to animal vaccination, conducted by the Department of Animal Production and Health or Faculty of Veterinary Medicine and Animal Science of University of Peradeniya or any other  institute recognized by the Council, and holds a certificate of efficiency issued by the same Department or Faculty or any other institute by the Council.

V. In good health and strength to handle and restrain animals

 

9.  Registration of Animal Vaccinators

On receipt of application in prescribed form an interview shall be held by the council and the certificate of registration as per the regulations of this act shall be issued.

 

10.  Fee for registration

Fee for registration of Animal Vaccinators shall be determined by the Council

 

11.  Validity of Registration

Unless otherwise cancelled, suspended or removed by the council the registration shall be valid till the person reaches 65 years of age. Any registered vaccinator who reaches the age of 65, and wishes to extend validity of registration, shall apply to the Council for extension of registration. In such situation the Council shall hold an interview to check his ability to serve as a Vaccinator and grant an extension for a suitable period.

 

12.  Unlawful pretence to be an Animal Vaccinator

No person shall practice as a Vaccinator unless he is a registered vaccinator and shall not vaccinate or immunize by injecting any vaccine or biological to any kind of animal.

 

13.  Records to be maintained

Vaccinators shall record all vaccinations done in history sheets or record books maintained by the owner of animal, giving clear information on type of vaccine or biological used, date of vaccination, date of booster vaccination, name / registration number of the vaccinator, and place his signature and stamp.

 

14.  Cancellation of Registration

The Council shall have the power to cancel or suspend any registration made and remove or delete the name from registry of Animal Vaccinators for following reasons.

I.  Deprived of any educational certificate on the faith of which that person was registered

II. Convicted of an offence which is punishable with imprisonment and which shows that the person is unfit to practice

III. Guilty of conduct unbefitting the profession

IV. Negligence or incapacity as an animal vaccinator that person cannot be safely allowed to continue practice as such

V. Not following the regulations and guide lines published by the Council

Vi. Found guilty of any inquiry conducted by the Council

 

15.  Vaccine and biological transport and storage

I. Vaccinators shall not stock vaccines or biologicals

II.  Vaccinator shall ensure proper transport and storage requirements for vaccines and biologicals.

 

16.  Vaccinators shall immediately report any post vaccination complications in writing to the Council and to the nearest Registered Veterinary Surgeon and seek advice.

 

17.  Vaccinators shall not carry out any surgical or medical curative treatments.

 

18.  Regulations may be made restricting and regulating the practice of vaccinators and providing for their proper supervision.

 

Part VI

Registration of Veterinary Clinics

 

1.  Advisory Board

1.  There shall for the purpose of this part, be an Advisory Board consisting of,

(a)   One representative from Sri Lanka Veterinary Council

(b)  One representative appointed by the Director General of DAPH

(c)   One representative appointed by the Dean Faculty of Veterinary Medicine

(d)  Three persons nominated from owners – proprietors of private animal clinics

II.  The Chairman of the Advisory Board shall be the representative from the Council

III.  The Chairman shall, unless he vacates office earlier, hold the office of Chairman for a period of two (02) years

IV.  The nominated persons shall unless earlier vacate the office by resignation or revocation of appointment, holds office for a period of three years from the date of appointment

 

2.  Functions of the Advisory Board

I.  To make recommendations to the Council on such matters relating to the establishment and administration of Veterinary Clinics

II.  Seek advice or opinions from government or public to improve the quality of service

III.  Prepare Guideline for the establishment and grading of Veterinary Clinics as per the regulation in this Act.

 

3.  Registration of Veterinary Clinics

I.  Request for registration shall be made on application in a prescribed form to the council

II.  The registration will be granted in prescribed form after site visit and approval by a team appointed by the Council.

III.   The Registrar shall maintain a register for private clinics

IV.  All the Veterinary clinics shall be graded according to the guidelines prepared by the Advisory Board as per Section 2 sub section III above.

V.  No person or group of persons or organization or company shall open and operate veterinary clinic without registration at the council

VI.  All registered veterinary clinics shall display the registration certificate at the clinic premises and the registration number on the name board.

 

4.  Requirements to be registered as a Veterinary Clinic

I. Permanent place with an address

II. Operated under supervision of a Registered Veterinarian

III. Have basic utilities and facilities as prescribed in guidelines prepared by the Advisory Board as per Section 2 sub section III above

IV. Fulfill all the requirements of the local government authority and Environment Authority

 

5.  Validity of registration

The registration shall be valid for one calendar year and thereafter renewal shall be required.

 

6.  Registration Fee

Registration and renewal fee for each category of Veterinary Clinic shall be determined by the Council

                      

7.  Power to cancel registration

On the recommendation of the Advisory Board, the council shall have the power to cancel or suspend any registration made and remove or delete the name from registry of Veterinary Clinics if,

  1. Does not follow the regulations and guidelines published by the council
  2. Does not pay the registration fee in time
  3. Found unsuitable by an inquiry conducted by the council

 

8.  Activities of Animal Clinics

  1. Animal disease diagnosis
  2. Treatment of animals
  3. Surgical procedures in animals
  4. Providing accommodation facilities for animals
  5. Sale of drugs, vaccines and biological products
  6. Sale of animal food and equipment
  7. Provision of mobile veterinary service
  8. Provision of veterinary advice

 

9.  Records of employees

All registered Veterinary Clinics shall adhere to the prevailing government rules and regulations on recruitment and maintain records on all employees. This record shall essentially have information on qualification and experience of each and every employee.

 

10.  Stock of Medicines, Vaccines and other biological materials

I. Veterinary clinics shall maintain stocks of all medicines, drugs, vaccines and other biological products required for use in indoor and outdoor treatments.

II. Only the drugs approved by the Veterinary Drug Control Authority or Drug Control Authority of Ministry of Health shall be used.

III. All medicines, drugs, vaccines and other biological products shall be stored according to the manufacturer’s instructions.

 

11.  Patient Information

All registered veterinary clinics shall maintain separate indoor and outdoor registers for clinical cases and separate register for any other services rendered.

 

12.  Inspection of Veterinary Clinics

All registered Veterinary Clinics shall be subjected to inspection by the Council as and when necessary.

 

13.  Un-authorized Veterinary Clinics

Council shall have the power to close down any un-authorized clinic and take legal action against such places.

 

Part VII

Supplementary

 

1.  Offence and penalties

Any person, who contravenes any provision of this Act, shall be guilty of an offence and shall be liable, on conviction after summary trial before a Magistrate, to a fine of one hundred thousand rupees and on a second conviction to a fine of two hundred  thousand rupees or six months imprisonment or both and cancellation of registration. 

 

2.  Protection of officers for action taken under this act

No suit, prosecution or legal proceeding shall be instituted against any Council member or any person in the employment of the Council or Advisory Board for any act which in good faith is done or purported to be done, under this Act or any regulation made there under.

 

3.  Decision of Council to prevail

The decision of the Council on any matter not provided for in this Act shall prevail.

 

4.  Regulations

I.  The Minister may, upon the recommendation of the Council, make regulations for the purpose of giving effect to the provisions of this Act.

II.  In particular and without prejudice to the generality of the powers conferred by sub-section (1) regulations may be made in respect of all or any of the following matters:

(a)   all matters stated or required by this Act to be prescribed

(b)  all matters for which regulations are authorized by this Act to be made

III.  Every regulation made under this section shall be published in the Gazette and shall come into operation on a date specified in that behalf in the regulation or, if no date specified, upon such publication, and shall, as soon as practicable after its publication in the Gazette, be brought before the Parliament for approval. Where any regulation is not approved by the Parliament, it shall be deemed to be rescinded and the rescission shall take effect on the date on which the regulation is not approved.

IV.  The validity of any decisions taken under a regulation shall not be affected by a subsequent rescission of the regulation under sub-section III.

V.  Notification of the date on which the rescission of a regulation under sub-section (IV) takes effect shall be published in the Gazette.

 

5.  Power of the Minister to amend regulation

The Minister may upon the recommendation of the Council, shall amend regulations or replace it with new regulations for the purpose of giving effect to the provisions of this Act.

 

6.  Fees

All fees imposed by this act may from time to time be changed by the Council.

 

7.  Interpretations

“Act” means the Veterinary Council Act No ----- 2021

“Registered Veterinary Surgeon” means a person registered as a Veterinary Surgeon under this Act

“Minister” means the Cabinet Minister in-charge of Livestock and Poultry development

“The Council' means the Veterinary Council of Sri Lanka constituted under this Act

“Malpractices” means any unethical, unprofessional or infamous actions contrary to the activities list in this act

“Register” means the list of registered Veterinary Surgeons, Veterinary Nurses, Animal Vaccinators, Animal Clinics and Animal Hospitals 

“Prescribed” means authorized by regulation made under this act

“Similar institutes” means any place where animals are kept for teaching, pleasure, treatment or any commercial purpose

“Internee” means the veterinary graduate who is undergoing the internship training under the Department of Animal Production and Health

“Veterinary related activities” means any activity dealing with Animal Health, Animal Production, Veterinary Education, Animal Welfare, Veterinary Statutory and Regulatory activities

“Department” means the government department in-charge of Animal Production and Health

“Director General” means the Director General of the Department in-charge of  Animal Production and Health

“University” means any university offering veterinary degree

“Faculty” means the Faculty of Veterinary Medicine and Animal Science, University of Peradeniya

“Veterinary Clinic” means any establishment used for animal disease diagnosis, treatment, surgery with or without animal accommodation facility.

“Animal” means any livestock, poultry, companion, zoo or wild animal