Registrar
s 10
For the purposes of this Act there shall be a Registrar of Veterinary Surgeons to be appointed by the Minister.
Veterinary Surgeons Act 1974 Part III — Registration of veterinary surgeons: Practice of veterinary medicine
Register of Veterinary Surgeons, Malaysia
s 11
(1) The Registrar shall cause to be kept in the prescribed form a register of veterinary surgeons to be known as the Register of Veterinary Surgeons, Malaysia which shall contain such particulars as may be prescribed. (2) 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. (3) The Register shall be kept in two Parts as follows: (a) Part I which shall be in respect of persons who hold the qualifications specified in the third column of Part I of the Second Schedule granted by the institutions specified in relation to such qualifications in the second column of that Schedule; and (b) Part II which shall be in respect of persons who hold the qualifications specified in the third column of Part II of the Second Schedule granted by the institutions specified in relation to such qualifications in the second column of that Schedule. (4) 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
s 12
(1) A person holding any of the qualifications specified in the third column of Part I of the Second Schedule granted by the institutions specified in relation to such qualifications in the second column of that Schedule shall on application to the Registrar in the prescribed form be entitled to be registered in Part I of the Register and a person holding any of the qualifications specified in the third column of Part II of that Schedule granted by the institutions specified in the second column of that Schedule shall on application to the Registrar in the prescribed form be entitled to be registered in Part II of the Register. (2) 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. (3) 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
s 13
(1) Notwithstanding anything to the contrary contained in this Act, the Council, with the approval of the Minister may, upon application in writing, issue to a person who is a veterinary surgeon registered anywhere outside Malaysia a temporary permit to practice as a veterinary surgeon subject to such conditions and restrictions as the Council may specify in such permit for a period not exceeding six months. (2) 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. (3) The Council may at any time cancel any temporary permit to practise granted under this section and the permit shall thereupon lapse. (4) 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.
Evidence of qualification to be given before entry on the Register
s 14
(1) No degree or qualification shall be entered in the Register, either on the first registration or by way of addition to a registered name, unless the Registrar be satisfied by such evidence as he may consider proper that the person claiming such degree or qualification is entitled thereto. (2) 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. (3) The Council shall have power to decide what degrees and additional qualifications may be entered in the Register.
Application for registration
s 15
Applications for registration under this Act shall be in such manner and form and shall be accompanied by such documents, photographs, particulars and fees as the Council may prescribe, and proof of identity satisfactory to the Registrar shall also be furnished.
Restriction of registration
s 16
(1) If any person applying for registration has— (a) 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 addition to or in lieu of a fine) for a term of two or more years; or (b) 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. (2) 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. (3) 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
s 17
(1) Any registered veterinary surgeon who desires to practise veterinary medicine after the thirty first day of December of any year shall, not later than the first day of December of that year, make an application in the prescribed form and shall pay the prescribed fee for a certificate to practise veterinary medicine during the ensuing year. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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). (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 case, direct that an annual practising certificate be issued to such veterinary surgeon. (9) A registered veterinary surgeon who practises veterinary medicine and who— (a) has not had an annual practising certificate in respect of himself in force; (b) is in partnership with a registered veterinary surgeon not having such a certificate; (c) has in his employ a registered veterinary surgeon not having such a certificate; or (d) is employed to carry on the business of a veterinary surgeon on behalf of a person not having such a certificate, shall be guilty of an offence against this Act and he shall not be entitled to recover any fee, reward, disbursement or cost incurred during the time when he or any other person as aforesaid has not had an annual practising certificate.
Publication of list of registered veterinary surgeons issued with annual practising certificate
s 18
(1) The Registrar shall as soon as may be after the first day of January of every year prepare and publish in the Gazette a list of the names, addresses, qualifications, dates of the qualifications and dates of registration of all veterinary surgeons to whom annual practising certificates have been issued for that year and such list may be amended at any time during the year. (2) The publication of such list shall be prima facie evidence of the particulars contained therein. (3) 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. (4) 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
s 19
Every registered veterinary surgeon shall notify any change in the permanent address of his residence or practice to the Registrar within thirty days of such change.
Power of Council to make certain endorsement against name in the Register
s 20
Where the Council is satisfied that any person whose name appears in the Register is deceased or is no longer practising veterinary medicine in Malaysia it shall make an endorsement accordingly against his name in the Register.
Cessation of registration of person becoming a mental patient
s 21
(1) If the Registrar is satisfied that any veterinary surgeon who is registered under this Act is admitted to or confined in a mental hospital under the provisions of any law such veterinary surgeon shall thereupon be deemed to have ceased to be so registered, and an endorsement shall accordingly be made against his name in the Register. (2) Any veterinary surgeon who has ceased to be registered under this Act by virtue of subsection (1) shall not again be registered unless he satisfies the Council that his mental condition warrants such registration.
Alteration in the Register
s 22
(1) The Registrar shall, from time to time, insert in the Register— (a) any alteration which may come to his knowledge in the name or address of any person registered under this Act; (b) such alterations in the qualifications, additional qualifications and other particulars as under this Act are required to be altered. (2) 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
s 23
(1) Every veterinary surgeon who is registered and holds a valid annual practising certificate shall be entitled, according to his qualifications, to practise veterinary medicine in accordance with the provisions of this Act and to recover in due course of law reasonable charges for professional aid, advice, visit, operation or attendance and the value of any appliances rendered, made or supplied by him to his patients. (2) 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.
Veterinary certificate
s 24
No certificate or other document required by any written law or otherwise to be signed by a duly qualified veterinary surgeon given after the commencement of this Act shall be valid unless signed by a registered veterinary surgeon.
Definition
s 25
The words “legally qualified veterinary surgeon” or “duly qualified veterinary surgeon” or any words importing a person recognised by law as a qualified veterinary surgeon, when used in any written law with reference to such person, shall be construed to mean a registered veterinary surgeon.
Exhibition of certificate of registration and annual practising certificate
s 26
(1) Every registered veterinary surgeon shall cause to be exhibited in a conspicuous place in any premises in which he practises veterinary medicine, otherwise than as an officer in the public services, the current annual practising certificate issued to him. (2) 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. (3) 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. (4) 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
s 27
A registered veterinary surgeon operating the practice of veterinary medicine shall furnish to the Registrar the name, address, qualifications and particulars of the certificate of registration and of the current annual practising certificate and such other information as may be prescribed in respect of the persons practising veterinary medicine at his place of practice, and if he fails to do so he shall be guilty of an offence against this Act.
Inspection of premises used for the practice of veterinary medicine
s 28
(1) It shall be lawful for— (a) the Director General; (b) the officer responsible for the administration of the Veterinary Services in any State; or (c) 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— (i) to enter and inspect at any time any premises which are used or proposed to be used or in respect of which there is reasonable cause to believe that they are being used for the practice of veterinary medicine; and (ii) to inquire into and to report to the person or authority by whom they were appointed on the conditions under which veterinary medicine is being or is proposed to be practised. (2) An inspector so appointed shall, in the course of entering or inspecting any premises show the written authority given under subsection (1). (3) 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.
Back to Veterinary Surgeons Act 1974 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 April 2018 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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