Veterinary Surgeons Act, 1964
An Act to provide for the registration of veterinary surgeons; to provide for the regulation of the practice of the profession of veterinary surgery and medicine; and to provide for matters incidental to the foregoing.
1. Short title
This Act may be cited as the Veterinary Surgeons Act.
In this Act, unless the context otherwise requires—"Board" means the Board of Veterinary Surgery established under section three;"Director" means the Director of Veterinary Services;"practice of veterinary surgery or medicine" includes the performance of any operation and the giving of and providing of any treatment, test, advice, diagnosis or attendance such as is usually performed, given or provided by veterinary surgeons;"the Register" means the Register of Veterinary Surgeons provided for in section nine;"to register" means to enter in the Register the particulars required by section nine;"registered veterinary surgeon" means a person whose name appears in the Register as a veterinary surgeon.
3. Establishment and constitution of Board
There is hereby established a Board, to be known as the Board of Veterinary Surgery, which shall consist of—
(a)the Director, who shall be the Chairman;(b)three members (of whom two shall be veterinary surgeons) to be appointed by the Minister; and(c)two other members (of whom one shall be a private practitioner) to be elected by the Veterinary Association of Zambia from among persons who are registered veterinary surgeons and appointed by the Minister.
4. Vacation of office
The office of a member of the Board, other than the Director of Veterinary Services, shall become vacant—
(a)one month after the date he gives notice, in writing, to the Minister of his intention to resign his office;(b)if he becomes mentally or physically incapable of performing his duties as a member;(c)if he is adjudged bankrupt;(d)on the date he begins to serve a sentence of imprisonment imposed without the option of a fine;(e)if he has absented himself from two consecutive meetings of the Board without its leave.
5. Meetings and decisions of Board
(1)Meetings shall be held at such times and places as the chairman of the Board may determine and shall be convened by notice given by him.(2)Five members shall form a quorum at a meeting of the Board.(3)All decisions at any meeting of the Board shall be by majority vote of the members present thereat, and in the event of an equality of votes, the chairman shall have a casting vote in addition to his deliverative vote.
6. Functions of Board
It shall be the function of the Board to hold inquiries for the purpose of this Act and to do all other things required to be done by the Board under the provisions of this Act.
7. Unregistered persons prohibited from practising
(1)No person shall—
(a)practise veterinary surgery or medicine; or(b)hold himself out or allow himself to be held out as a veterinary surgeon;
unless he is a registered veterinary surgeon.(2)Nothing in subsection (1) shall be construed as precluding an unregistered person from performing, giving or providing, in accordance with the provisions of the First Schedule, any operation, treatment, test, advice, diagnosis or attendance which is specified in the said Schedule.(3)A person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding six months, or to such imprisonment without the option of a fine, or to both.
8. Qualifications for registration
Subject to the provisions of this Act, a person shall be qualified to be registered as a veterinary surgeon—
(a)if he holds, to the satisfaction of the Director, one or more of the qualifications set out in the Second Schedule;(b)if he is of good character; and(c)if his name has not been struck out of the Register on the direction of the Board:Provided that a person whose name has been struck off shall not be disqualified under this paragraph, if—
(i)the Board has granted him written authority to make application for re-registration; or(ii)the High Court has, on appeal, reversed the direction of the Board that his name be struck out of the Register.
9. Register to be kept
(1)The Director shall keep a book called "The Register of Veterinary Surgeons" in which shall be entered the full name, address, qualifications and date of registration of every person who is qualified to be registered as a veterinary surgeon and who applies for registration.(2)The name, address, qualifications and date of registration of every veterinary surgeon shall upon registration be published in the Gazette.(3)The Director may make in the Register any necessary alteration in any entry contained therein.
10. Application for registration
(1)Any person who desires to be registered as a veterinary, surgeon shall make written application therefor to the Director in the form set out in the Third Schedule.(2)The application shall be supported by the original, or a certified copy of the certificate, diploma or other documents recording such qualification held by the applicant as is required to qualify him to be registered as a veterinary surgeon, and by such other documents and information as the Director may require.(3)A fee of four hundred fee units shall be payable by an applicant upon being registered as a veterinary surgeon.(4)Upon registration of an applicant as a veterinary surgeon the Director shall issue to the person so registered a certificate in the form set out in the Fourth Schedule.
11. Annual publication of list of registered veterinary surgeons
(1)During the month of January in each year the Director shall cause to be published in the Gazette a list containing the full names of all persons on the Register at the end of the previous year, together with their addresses in Zambia and their qualifications.(2)The publication of such a list shall be Prima facie evidence that the persons named therein are registered veterinary surgeons and the absence of the name of any person shall be prima facie evidence that such person is not so registered.
12. Removal of name from Register
(1)The Director shall strike out of the Register the name of a registered veterinary surgeon whose name has been directed to be struck out by the Board under section thirteen, and shall re-enter such name in the Register if the High Court so directs.(2)The Director shall remove from the Register the name of any registered veterinary surgeon—
(a)who makes written application to the Director to have his name removed; or(b)who the Director is satisfied is dead.(3)Upon being satisfied that a registered veterinary surgeon has ceased to practise veterinary surgery or medicine in Zambia, the Director shall—
(a)publish in the Gazette notification of his intention to remove the name of such registered veterinary surgeon from the Register;(b)send a copy of such notification to the address of the said registered veterinary surgeon or, if such address is not known, to the address recorded in the Register;
and if no objection to the removal of the name is received within thirty days of such publication, the Director shall remove the said name from the Register.
13. Disciplinary powers of Board
(1)If any registered veterinary surgeon shall be convicted of a felony or shall, after due inquiry of the Board, be deemed to have been guilty of infamous or disgraceful conduct in any professional or other respects, the Board may do one or more of the following:
(c)direct that his name be struck out of the Register.(2)If any person, after due inquiry by the Board, shall be found by the Board to have procured his registration under this Act as a veterinary surgeon by any false or fraudulent representation or declaration, the Board may direct that his name be struck out of the Register.
14. Right of audience
(1)In any inquiry held under section thirteen, the person concerning whom such inquiry is held shall be entitled to be heard by the Board in person or through his legal representative.(2)In any such inquiry as is referred to in the preceding subsection, the Board shall have the power to summon witnesses, to call for the production of books, documents, records and other things and to examine witnesses under oath, and for such purpose the chairman of the Board is hereby authorised to administer such oath.(3)If any person who has been summoned under the foregoing subsection, having reasonable notice of the time and place at which he is required to attend, fails to attend, or refuses to take an oath or to answer any question he is lawfully required to answer or refuses or fails to produce any book, document, record or other thing and does not excuse his refusal to the satisfaction of the Board, such person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred and fifty penalty units.(4)In the exercise of the powers conferred upon it by section thirteen, the Board shall have power to regulate its own procedure.
15. Authority for re-registration
Any person whose name has been struck out of the Register on the direction of the Board may make written application to the Board for authority to make application for re-registration, and the Board may grant or refuse such authority.
Any person aggrieved by any decision of the Board may appeal to the High Court, and the Court may make such order as it may deem fit:Provided that no such appeal shall lie unless notice of appeal is given within thirty days after the date of the decision of the Board.
17. Existing registered veterinary surgeons
(1)Notwithstanding any other provision of this Act, the Director shall register the name, address, qualifications and date of registration of any person who—
(a)immediately prior to the commencement of this Act, was ordinarily resident in Zambia and was a registered veterinary surgeon under the provisions of the *1Veterinary Surgeons Act, 1961, of the Legislature of the former Federation of Rhodesia and Nyasaland; or(b)subsequent to the commencement of this Act, is appointed to the public service as a veterinary officer.(2)The Director shall cause to be published in the Gazette the name, address, qualification and date of registration of any person whose name is registered in accordance with subsection (1).(3)The fee required by subsection (3) of section ten shall not be payable by a person whose name is registered in accordance with subsection (1) but such fee shall, in the case of a person registered under paragraph (b) of subsection (1), become payable upon termination of such person's appointment of the public service as a veterinary officer.
The Minister may give such directions and, by statutory instrument, make such regulations as he may think fit for the purpose of giving effect to the provisions of this Act.