VETERINARY SURGEONS ACT 1974

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 147 VETERINARY SURGEONS ACT 1974 As at 1 April 2018 2 VETERINARY SURGEONS ACT 1974 Date of Royal Assent … … … … Date of publication in the Gazette Latest amendment made by P.U. (A) 66/2018 which came into operation on … … … … … … … 30 July 1974 29 August 1974 2 Mac 2018 PREVIOUS REPRINTS First Reprint … … … … … 1997 Second Reprint … … … … … 2001 Third Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 147 VETERINARY SURGEONS ACT 1974 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. 2. Short title and commencement Interpretation PART II THE MALAYSIAN VETERINARY COUNCIL 3. Establishment and composition of the Council 4. Duties and powers of the Council 5. Public Authorities Protection 6. Public servants 7. First Schedule 8. Power of the Minister to issue directions 9. Returns PART III REGISTRATION OF VETERINARY SURGEONS: PRACTICE OF VETERINARY MEDICINE 10. Registrar 11. Register of Veterinary Surgeons, Malaysia 12. Persons entitled to be registered as veterinary surgeons 4 Laws of Malaysia ACT 147 Section 13. Temporary permit to practise 14. Evidence of qualification to be given before entry on the Register 15. Application for registration 16. Restriction of registration 17. Annual 18. Publication of list of registered veterinary surgeons issued with annual practising certificate 19. Notification of change in permanent address of residence of practice 20. Power of Council to make certain endorsement against name in the Register 21. Cessation of registration of person becoming a mental patient 22. Alteration in the Register 23. Privileges of registered veterinary surgeons and disabilities of unregistered persons 24. Veterinary certificate 25. Definition 26. Exhibition of certificate of registration and annual 27. Practitioner operating practice to furnish particulars of the persons practising veterinary medicine at every place of practice 28. Inspection of premises used for the practice of veterinary medicine practicing certificate PART IV DISCIPLINARY PROCEEDINGS 29. Disciplinary jurisdiction of the Council 30. 31. Disciplinary punishments Appeal against order or decision of the Council practicing certificate Veterinary Surgeons 5 PART V GENERAL Section 32. Fraudulent registration 33. Offences 34. Covering 35. Offence for registered veterinary surgeons to falsely describe vocation 36. Prosecutions 37. Exemptions 38. General penalty PART VI REGULATIONS 39. Regulations 40. Repeal PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES 41. Purposes and duration of this Part 42. Notice to registered person to serve as a veterinary officer in the public services 43. Period of service in pursuance of a notice under subsection 42(1) 44. Power of Minister to grant reduction, exemption or postponement from period of service under section 43 6 Laws of Malaysia Section 45. Minister may make rules FIRST SCHEDULE SECOND SCHEDULE ACT 147 7 LAWS OF MALAYSIA Act 147 VETERINARY SURGEONS ACT 1974 An Act to make provision for the registration and practice of veterinary surgeons and for national purposes to provide for certain provisions with regard to a period of service in the public services after registration; and to make provision for purposes connected with the aforesaid matters. [1 June 1975 (except Part VII), P.U. (B) 181/1975] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Veterinary Surgeons Act 1974 and subject to subsection (2) shall come into force on such date as the Minister may by notification in the Gazette appoint, such date not being earlier than the date the notification is published in the Gazette. (2) 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). 8 Laws of Malaysia ACT 147 Interpretation 2. In this Act, unless the context otherwise requires— “annual practising certificate” means the annual practising certificate referred to in section 17; “Council” means the Malaysian Veterinary Council established under section 3; “Director General” means the Director General of Veterinary Services, Malaysia; “member” means a member of the Malaysian Veterinary Council; “Minister” means the Minister charged with the responsibility for veterinary matters; “practice of veterinary medicine” means— (a) 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; (b) to represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a) above; Veterinary Surgeons 9 (c) 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. PART II THE MALAYSIAN VETERINARY COUNCIL Establishment and composition of the Council 3. (1) There is hereby established a body corporate with perpetual succession and a common seal to be called the Malaysian Veterinary Council. 10 Laws of Malaysia ACT 147 (2) The Minister shall appoint the members of the Council which shall consist of— (a) the Director General; (b) the Head of the Veterinary Department of Sabah or his nominee, who shall be a veterinary surgeon in the public service; (c) the Head of the Veterinary Department of Sarawak or his nominee, who shall be a veterinary surgeon in the public service; (d) two members nominated by veterinary surgeons registered in Part I of the Register from among them; (e) two members nominated by veterinary surgeons registered in Part II of the Register from among them; (f) one veterinary surgeon from among the staff of the Faculty of Veterinary Medicine and Animal Science, Universiti Putra Malaysia, nominated by the Council of the University; and (g) two veterinary surgeons who are nominees of the Minister. (3) 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. (4) No person may at the same time serve as a member in more than one capacity. (5) 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). Veterinary Surgeons 11 (6) 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. (7) 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. (8) 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. (9) 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. (10) 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). 12 Laws of Malaysia ACT 147 (11) 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)— (a) if he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; or (b) if he is an undischarged bankrupt. (12) 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 4. The Council shall perform such duties and functions and exercise such powers as may be provided under this Act or any regulations made thereunder. Public Authorities Protection 5. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Council against any member, officer, servant or agent of the Council in respect of any act, neglect or default done or committed by him in such capacity. Public servants 6. All members of the Council, while discharging their duties as such members, shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Veterinary Surgeons 13 First Schedule 7. (1) The provisions of the First Schedule shall apply to the Council and the proceedings thereof. (2) 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 8. The Minister may, from time to time, issue general directions not inconsistent with the provisions of th