Veterinary and Para-Veterinary Practitioners Act
- Commenced on 3 September 2001
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Veterinary and Para-Veterinary Practitioners Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Board” means the Board of Veterinary Surgery established under section 3;“Director” means the Director of Animal Health and Industry;“para-veterinary surgeon” means a person registered as such under section 27;“practice of veterinary surgery” includes the practice of veterinary medicine and the performance of any operation and the giving of and providing of any treatment, test, advice, diagnosis or attention such as is usually performed, given or provided by veterinary surgeons;“Register” means the Register of Veterinary Surgeons provided for under section 26;“to register” means to enter in the Register the particulars required under section 29;“Veterinary surgeon” means a person registered as such under section 27.
Part II – The Board of Veterinary Surgery
3. Establishment of the BoardThere is hereby established a body to be known as the Board of Veterinary Surgery (in this Act otherwise referred to as the Board) which shall, he a body corporate with perpetual succession and. common seal capable of smug and bang sued in its corporate name, and with power, subject to this Act, to do or perform all such acts and things as a body corporate may by law do or perform.
4. Composition of the Board
5. Tenure of office and vacancies
6. Allowances of membersMembers of the Board shall be paid such an allowance as the Minister shall, from time to time, determine.
7. Functions of the BoardThe Board shall be the sole registering authority of all the persons required to be registered under this Act and shall have the following further functions—
8. Policy directionsThe Board may, where necessary, seek the general direction of the Minister as to the manner in which it is to carry out its duties under this Part of the Act.
9. Proceedings of the Board
10. Committees of the Board
11. Minutes of meetingsThe Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of a committee of the Board.
12. Disclosure of interest
13. Protection of membersNo action, suit or other proceedings shall be brought or instituted personally against any member in respect of any act done in good faith in the course of carrying out the provisions of this Act.
14. Co-opted persons
15. Oath of secrecyEvery—
16. Prohibition of publication or disclosure of information by unauthorized personsNo person shall, without the consent in writing given by or on behalf of the Board, publish or disclose to any person, otherwise than in the course of his duties, contents of any document, communication or information which relates to, and which has come to his knowledge in the course of his duties under this Act.
Part III – Management
17. Appointment of Registrar and other staff
Part IV – Financial provisions
18. Funds of the Board
19. LevyThe Board may, from time to time, by Order published in the Gazette, impose a levy on gross or net income accruing to any person or class of persons registered under this Act and such levy shall be appropriated for the general operations of the Board as the Minister may specify in the Order.
20. Financial yearThe financial year of the Board shall be the period of twelve months ending on 30th June in each year or on such other date as the Minister may specify by Order published in the Gazette:Provided that the first financial year of the Board may be such shorter or longer period than twelve months as the Minister shall determine but being not less than six months or more than eighteen months.
22. Annual reports
23. Progress reportThe Board shall, at the end of every financial year, produce a progress report on its activities during that period and shall publish the report.
Part V – Registration
24. Application for registration
25. Unregistered persons prohibited from practising veterinary surgery
27. Persons eligible to be registered as veterinary surgeons or para- veterinary surgeonA person shall be eligible for registration under this Act as a veterinary surgeon or para-veterinary surgeon if he is a holder of a degree, diploma, certificate or other qualification which is recognized by the Board as making him eligible for registration and he satisfies the Board that he—
28. Qualifications for registrationFor the purposes of section 24, the qualifications necessary for a person to be registered as a veterinary surgeon or as a para-veterinary surgeon shall be such qualifications as the Minister, acting on the advice of the Board, deems sufficient.
30. Annual publication of list of veterinary surgeons and para- veterinary surgeon
31. Removal of name from Register
32. Use of titleA person registered under this Act—
33. Persons registered entitled to practice and recover charges
34. Certificates, to be signed by veterinary surgeonsNo certificate or document which is required to be signed by a qualified veterinary surgeon or para-veterinary surgeon shall be valid unless signed by a person registered under this Act.
35. Authority for re-registrationAny person whose name has been struck out of the Register on the directions of the Board may make written application to the Board for directions that he may be re-instated on the Register, and the Board, after such inquiry, if any, as it deems fit, may issue such directions, or refuse to issue such directions, in its discretion.
Part VI – Private practice
36. Licence for private practice
37. Issue, etc., of licences to be published in the GazetteThe issue, cancellation and withdrawal of any licence under section 36 shall be notified in the Gazette.
38. No fees recoverable unless practitioner licensed for private practiceNo person in private practice shall be entitled to recover any charge for any treatment, operation, advice or other veterinary service which he has rendered, or for any medicine which he has prescribed or supplied, as a veterinary surgeon or para-veterinary surgeon unless he is at the time appropriately licensed under section 36 for private practice.
Part VII – Disciplinary provisions
39. Disciplinary Committee
40. Function of Disciplinary Committee
41. Taking of evidence by Disciplinary Committee
42. Exercise of disciplinary powers on conviction for offence
43. Board. to refer cases to Disciplinary Committee
44. Exercise of disciplinary powers
45. Appeal to High Court
46. Publication of result of disciplinary proceedingsThe Registrar shall by notice in the Gazette publish the name of any person—
47. Board or Disciplinary Committee not to be liable
48. Improper or disgraceful conduct
Part VIII – Offences and penalties
49. Offences and penalties
Part IX – Regulations and savings
50. RegulationsThe Minister may, with the advice of the Board, make regulations for carrying out or giving effect to the provisions of this Act, and without prejudice to the generality of the foregoing, such regulations may—
51. Repeal and savings
History of this document
31 December 2014 this version
03 September 2001