*VETERINARY SURGEONS ACT 1974

The Minister may appoint a different date for Part VII to come into force, such date not being earlier than the date appointed under subsection (1).

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Interpretation

to diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions; including the prescription, administration or application of any drug, medicine, biologics, apparatus, anaesthetic or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for artificial insemination, for testing for pregnancy, or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the above, or do any other act recognised to be a duty of a veterinary surgeon;

to represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a) above;

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to use any title, words, abbreviation or letters in a manner or under circumstances which is likely to induce the belief that the person using them is a veterinary surgeon;

“President” means the President of the Malaysian Veterinary

Council appointed under subparagraph 1 (1) of the First Schedule;

“public services” has the meaning assigned to it by Article 132 of the Federal Constitution and includes the service of any local authority or the service of any statutory authority exercising powers vested in it by federal or state law, and the expression “public service” shall be construed accordingly;

“Register” means the Register of Veterinary Surgeons, Malaysia required to be maintained under section 11;

“registered” means registered under section 12;

“Registrar” means the Registrar of Veterinary Surgeons referred to in section 10;

“veterinary medicine” includes veterinary medicine per se, surgery, obstetrics, animal husbandry and all other branches or specialities of veterinary medicine;

“veterinary surgeon” means a person who holds any of the qualifications specified in Parts I and II of the Second Schedule.

The Minister shall appoint the members of the Council which shall consist of—

No person shall be nominated and appointed to be a member under paragraphs (2)(d) to (g) unless such a person is a citizen and is a registered veterinary surgeon.

No person may at the same time serve as a member in more than one capacity.

A person may be nominated and appointed to be a member under paragraphs (2)(d) to (g) notwithstanding that he has previously been a member under any of the paragraphs of subsection (2).

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The members referred to in paragraphs (2)(d) to (g) shall hold office for a period not exceeding three years but shall be eligible for re-appointment if qualified under this Act.

Any person who is a member by virtue of the provisions of any of the paragraphs (2)(d) to (g) may at any time resign his office by letter addressed to the President.

Where any person who is a member by virtue of the provisions of any of the paragraphs (2)(d) to (g) dies before completion of his term of office, or resigns, or otherwise ceases to be a member by reason of any provision of this Act, a person shall be nominated and appointed in his place in accordance with the provisions applying in the case of the person dying or resigning or ceasing to be a member for the residue of the term for which such person might have held office if he had not died or resigned or ceased to be a member:

Provided that on the death or resignation of a member nominated under any of the paragraphs (2)(d) to (g) within twelve months before the date on which his term of office would have come to an end by effluxion of time, the vacancy shall not be filled for the residue of that term.

If any of the bodies of veterinary surgeons referred to in paragraphs (2)(d) to (f) does not within a period of three months from the date on which the office falls vacant, nominate a person to be a member of the Council, the Minister shall appoint in his place as a member a person qualified to be so nominated and any person so appointed shall be deemed to be a member as if he had been duly nominated by such body of veterinary surgeons.

Immediately upon the coming into force of this Act and until such time as the members referred to in paragraphs (2)(d) to (f) are nominated and appointed, the Minister shall appoint in their place respectively such persons as are qualified to be respectively so nominated and appointed and the persons so appointed shall be deemed to be members as if they had been duly nominated and appointed under the said paragraphs (d) to (f).

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A veterinary surgeon shall not be qualified to be nominated and appointed to be a member, under the provisions of any of the paragraphs (2)(d) to (g)—

If a member who has been nominated and appointed under the provisions of any of the paragraphs (2)(d) to (g) ceases, by reason of any provision of this Act, to be qualified to be so nominated and appointed, he shall be deemed to have vacated his seat.

Duties and powers of the Council

The Minister may from time to time, after consulting the

Council, amend the First Schedule by order published in the Gazette.

Power of the Minister to issue directions

The Registrar shall be responsible for the maintenance and custody of the Register in accordance with the provisions of this Act and the regulations made thereunder.

The Register shall be kept in two Parts as follows:

The Register shall be deemed to be a public document within the meaning of the Evidence Act 1950 [Act 56].

Persons entitled to be registered as veterinary surgeons

A person who holds any of the qualifications specified in the third column of Part I as well as a qualification specified in the third column of Part II of the Second Schedule shall, on payment of such additional fee as may be prescribed be entitled to be registered in both Parts of the Register.

The Minister may from time to time, after consulting the

Council, add to, delete from or amend Part I and Part II of the Second

Schedule, by order published in the Gazette.

Temporary permit to practise

The holder of such a temporary permit to practise, while the permit remains in force and subject to the restrictions and conditions specified in the permit, shall be deemed to be a registered veterinary surgeon.

The Council may at any time cancel any temporary permit to practise granted under this section and the permit shall thereupon lapse.

For the purpose of subsection (1) a veterinary surgeon includes a person who holds a qualification in veterinary medicine from institutions other than those specified in Parts I and II of the

Second Schedule.

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Evidence of qualification to be given before entry on the Register

Every person registered under this Act who obtains any veterinary qualification other than the qualification by virtue of which he was registered may apply to the Council to amend the

Register so far as it relates to the qualifications of that person, and on any such application the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made and that such qualification is of sufficient standing to warrant its being entered in the Register, cause the Register to be amended accordingly by the insertion therein of the particulars of such qualification.

The Council shall have power to decide what degrees and additional qualifications may be entered in the Register.

Application for registration

at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in itself only or in

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addition to or in lieu of a fine) for a term of two or more years; or

after due inquiry by the Council, been found by it to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character, the Council may direct the Registrar not to enter the name of such person upon the Register.

The Registrar shall forthwith give the person concerned notice in writing of such direction by the Council not to enter such person’s name upon the Register.

In any inquiry under paragraph (1)(b), the applicant shall be entitled to appear before the Council and be heard personally or by his advocate and solicitor.

Annual practising certificate

Upon such application and payment, the Council, if satisfied that the premises at, and the conditions under, which the applicant practises or proposes to practise veterinary medicine are suitable for such practice, shall cause the Registrar to issue a certificate (to be styled “annual practising certificate”) authorising the applicant to practise veterinary medicine at such premises during the year for which the certificate is issued.

Subject to the provisions of this Act, the annual practising certificate shall be in force until the thirty first day of December of the year in respect of which it is issued.

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Any registered veterinary surgeon who fails to apply for an annual practising certificate in the manner and within the period laid down in subsection (1), may, on making an application in such form and on payment of such additional fee as may be prescribed, be granted an annual practising certificate for the ensuing year, if the application is made during the month of December of any year, or for the remainder of the year, if the application is made on or after the first day of January of any year.

Notwithstanding the foregoing provisions of this section, where a registered veterinary surgeon applies for an annual practising certificate for the first time after obtaining registration, the application shall be in the prescribed form and may be made at any time during the year, and the applicant shall, upon payment of the prescribed fee, be granted an annual practising certificate for the remainder of the year in which the application is made.

An annual practising certificate and an application thereof shall specify the address of the principal place of practice and all other places of practice of the applicant, and any change in any such address shall be notified by the practitioner to the Registrar and an endorsement of such change on the annual practising certificate obtained from the Registrar within thirty days of such change.

Whenever it appears to the satisfaction of the Council that a registered veterinary surgeon is practising veterinary medicine in such premises or under such conditions as are deemed by the Council to be unsuitable for such practice, the Council may direct that the annual practising certificate of such practitioner be cancelled, and such certificate shall thereupon cease to be in force and no further annual practising certificate shall be issued to such practitioner thereafter either for the remainder of the year or for any other year except as provided in subsection (8).

If any veterinary surgeon whose annual practising certificate has been cancelled under subsection (7) makes an application in such manner as may be prescribed and pays such fee as may be prescribed, the Council may, after due consideration of the circumstances of the

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case, direct that an annual practising certificate be issued to such veterinary surgeon.

A registered veterinary surgeon who practises veterinary medicine and who—

The publication of such list shall be prima facie evidence of the particulars contained therein.

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The absence of the name of any person from such list shall be prima facie evidence that such person has not been issued with an annual practising certificate and is not authorised to practise as a registered person.

A certificate under the hand of the Registrar of the particulars appearing in the Register in respect of any person shall be conclusive evidence of such particulars.

Notification of change in permanent address of residence or practice

Any veterinary surgeon who has ceased to be registered under this Act by virtue of subsection (1) shall not again be registered

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unless he satisfies the Council that his mental condition warrants such registration.

Alteration in the Register

any alteration which may come to his knowledge in the name or address of any person registered under this Act;

such alterations in the qualifications, additional qualifications and other particulars as under this Act are required to be altered.

The Registrar shall, from time to time, remove from the

Register the name of such person as under this Act is required to be removed.

Privileges of registered veterinary surgeons and disabilities of unregistered persons

Subject to the provisions of section 13, no person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered veterinary surgeon and had an annual practising certificate in force.

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Veterinary certificate

Where a registered veterinary surgeon carries on the practice of veterinary medicine as aforesaid at two or more addresses, he shall cause his original current annual practising certificate to be displayed as aforesaid in the premises at his principal place of practice and a certified copy of each of the said certificates in the premises at every other place of practice, such certified copies having been obtained by him for that purpose from the Registrar upon application in writing to the Registrar in the prescribed manner and payment of the prescribed fee therefor.

Where a registered veterinary surgeon contravenes or fails to comply with the provisions of subsection (1) or (2) he shall be guilty of an offence against this Act.

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Any person who displays, or permits to be displayed in any premises an annual practising certificate or a certified copy thereof bearing his name at any time when his name does not appear on the

Register or he does not hold a valid annual practising certificate, as the case may be, shall be guilty of an offence against this Act.

Practitioner operating practice to furnish particulars of the persons practising veterinary medicine at every place of practice

the Director General;

the officer responsible for the administration of the

Veterinary Services in any State; or

such other authority as the Minister may approve for the purpose of this section, to appoint inspectors for the purpose of this Act and to give such inspectors authority, in writing—

to enter and inspect at any time any premises which are used or proposed to be used or in respect of which there

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is reasonable cause to believe that they are being used for the practice of veterinary medicine; and

An inspector so appointed shall, in the course of entering or inspecting any premises show the written authority given under subsection (1).

The reports made by an inspector under subsection (1) shall be in the prescribed form and it shall be the duty of the respective authority who appointed the inspector to submit such reports to the

Council not later than fourteen days after the date of the inspection.

The Council may exercise disciplinary jurisdiction over any registered veterinary surgeon—

order the name of such registered veterinary surgeon to be removed from the Register;

order the name of such registered veterinary surgeon to be suspended from the Register for such period as it may think fit;

order the registered veterinary surgeon to be reprimanded; or

make any such order as aforesaid but suspend the application thereof, subject to such conditions as the

Council may think fit, for a period, or periods in the aggregate, not exceeding two years, and may in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered veterinary surgeon, and any costs awarded may be recovered as a civil debt.

Where the name of any registered veterinary surgeon is ordered by the Council to be struck off or suspended from the

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Register, he shall within five days of the making of such order surrender to the Registrar his current annual practising certificate including any recent annual practising certificate which he may have obtained from the Registrar and his certificate of registration:

Provided that where such veterinary surgeon or his advocate and solicitor were not present before the Council at the time of the pronouncement of such order, the Registrar shall give notice to such veterinary surgeon, in writing, of the order made by the Council and require in such notice that such veterinary surgeon shall surrender to him his certificate of registration and his current annual practising certificate including any recent annual practising certificate which he may have obtained from the Registrar within seven days of the delivery of such notice at his registered address, or at his last known address if that address differs from his registered address and it appears to the Registrar that such service will be more effective.

Where such registered veterinary surgeon fails to surrender his current annual practising certificate including any recent annual practising certificate which he may have obtained from the Registrar and his certificate of registration within the time provided in subsection (2), he shall be guilty of an offence against this Act.

The Registrar shall publish in the Gazette the name of the person removed from the Register or suspended from practice under the provisions of this section either—

No person whose name has been removed from the Register under the provisions of this section shall thereafter be entitled to apply to be registered under the provisions of this Act, but the

Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to the Register; and where the name of a person has been suspended from the Register for a limited period only, such person shall be entitled at the expiration of such period, but not earlier, to apply for the certificate of registration and the annual practising certificate (if the period for which it is issued is still unexpired) to be returned to him.

An application under subsection (5) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed.

Appeal against order or decision of the Council

The decision of the High Court upon such appeal shall be final.

The procedure in relation to any such appeal shall be subject to the rules of court applicable in the High Court:

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Provided that the High Court shall not have power to hear any appeal against an order made under section 30 unless notice of such appeal is given within one month from the date of the making of the order or where the proviso to subsection 30(2) is applicable within one month of the service of the order as described in that proviso.

Any person aggrieved by the refusal of the Council to issue to such person an annual practising certificate or by the cancellation of his annual practising certificate may appeal to the Minister whose decision shall be final, and no action or proceeding shall be maintainable in any court of law in respect of such refusal or cancellation.

wilfully and falsely pretends to be registered under this Act or to be qualified to practise veterinary medicine;

wilfully and falsely takes or uses the name or title of veterinarian, veterinary practitioner, veterinary surgeon, doctor of veterinary medicine, bachelor of veterinary science or bachelor of veterinary surgery;

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wilfully and falsely takes or uses any name, title, addition or description implying that he is registered under this Act, or that he is recognised by law as a veterinary surgeon or that he is qualified to heal or treat animal diseases whether by veterinary medicine or any other means of any kind or description whatsoever;

wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument, calculated to induce any person to believe that he is qualified to practise veterinary medicine;

practises veterinary medicine;

uses the term “veterinary clinic” or “veterinary dispensary”

or “veterinary hospital” or the equivalent of any of these terms in any other language in the signboard over his place of practice in purported practice of veterinary medicine as a person registered under this Act; or

uses a symbol designed by the Council for the use of registered veterinary surgeons only, shall be guilty of an offence against this Act.

For the purposes of subsection (1)—

Any registered veterinary surgeon who by his presence, countenance, advice, assistance, or co-operation has knowingly enabled an unregistered person, whether described as an assistant or otherwise, to practise veterinary medicine, shall be guilty of an offence against this Act.

Any registered veterinary surgeon who practises veterinary medicine in the premises in which an unregistered person practices veterinary medicine to the knowledge of the registered veterinary surgeon shall be guilty of an offence against this Act.

Nothing in this section shall operate to prevent the carrying out of procedures, falling within the meaning of practice of veterinary

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medicine, by any person in the public service employed for that purpose where such procedures are carried out in the course of that person’s employment and under the supervision of a veterinary surgeon in the public service.

Offence for registered veterinary surgeons to falsely describe vocation

the President or an officer appointed by him or by the

Council in that behalf in writing;

the officer responsible for the administration of the veterinary services in a State or an officer appointed by him in that behalf in writing; or

the authority referred to in paragraph 28(1)(c) or an officer nominated by such authority in that behalf in writing.

In the case of an offence against section 33, any police officer may arrest without warrant any person who, not being a registered veterinary surgeon, is practising or is believed to be practising veterinary medicine in any street or public place.

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Exemptions

the training of veterinary students in the practice of veterinary medicine under the supervision of a registered veterinary surgeon in a veterinary hospital, veterinary clinic, or veterinary school approved for the purpose by the

Minister;

the owner of an animal and the owner’s fulltime regular employee from caring for or treating the animal belonging to such owner, except where the ownership of the animal was transferred for the purpose of circumventing this Act;

any person engaged in bona fide scientific research which reasonably requires experimentation involving animals from carrying on acts which otherwise are prohibited or restricted by this Act or any regulations made thereunder;

an employee of the government from performing his official duties;

a person from advising with respect to or performing acts which the Council has prescribed as accepted livestock management practice;

any person approved by Council from performing artificial insemination.

General penalty

in respect of a first offence to a fine not exceeding one thousand ringgit; and

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in respect of the second or subsequent offences to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

In the case of a continuing offence such person shall be liable to a further penalty of fifty ringgit for each day during the continuance of such offence in addition to the respective penalty under paragraphs (1)(a) and (b).

In particular and without prejudice to the generality of the foregoing powers, such regulations may prescribe—

Such persons may apply to be registered under this Act if he is qualified to do so under this Act.

This Part shall remain in force for a period of five years from the date of coming into force of this Part.

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Notice to registered person to serve as a veterinary officer in the public services

A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence against this Act.

Immediately upon a charge under subsection (2) or section 43

being proved in court against any person, the registration of such person under section 12 shall be deemed to be revoked, and the

Registrar shall remove from the Register the name of such person.

Where the name of a person is removed from the Register under subsection (3), it shall not be restored on the Register except upon a direction by the Minister, and the Minister may give such direction upon an application in writing being made to him by the person whose name has been removed from the Register, and any direction so given may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions may include terms and conditions requiring such person to serve as a veterinary officer to the satisfaction of the Director General for a continuous total period of not less than two years in such post or posts in such one or more of the public services as may from time to time be determined by the

Director General in his discretion; while such person is fulfilling the terms and conditions imposed under this subsection he shall be deemed to be registered as far as is necessary to fulfil the terms and conditions imposed under this subsection and for such other purposes as the Minister may direct, but not further; and upon fulfillment of the terms and conditions imposed under this subsection he shall be

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entitled to a certificate issued by the Director General as evidence thereof.

The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name upon the Register shall be final and shall not be questioned or reviewed in any court whatsoever.

Where a notice under subsection (1) has been served on any person liable to be served therewith, the Director General may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice under subsection (1).

Period of service in pursuance of a notice under subsection 42(1)

in respect of any particular person;

generally in respect of any class of persons during such period as he may specify;

generally in respect of all persons during such period as he may specify,

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grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 43.

The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 43, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.

The decision of the Minister upon an application made to him under subsection (2) shall be final and shall not be questioned or reviewed in any court whatsoever.

Minister may make rules

The President, if present, shall be the Chairman at meetings of the Council:

Provided that if the President shall be absent from any meeting of the Council the members present at such meeting shall elect one of themselves to act as chairman at that meeting.

Meetings of the Council

Where not less than five members submit to the President a written request to convene a meeting of the Council, the President shall convene such meeting within one month of the receipt of such request.

The quorum for a meeting of the Council shall be six and the decision of the Council shall be a simple majority of the members present and voting.

The Chairman at any meeting shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote.

When any vacancy occurs amongst the members, the Council shall, as soon as practicable, take the necessary action to fill such vacancy.

There shall be paid to such members of the Council as are not public officers such fees for attendance at meetings of the Council or of any committee appointed by the Council and such reasonable travelling expenses and subsistence allowances for such attendance and for journeys undertaken in the discharge of their duties under this Act as may from time to time be approved by the Minister.