Disciplinary jurisdiction of the Council
(1) The Council shall have disciplinary jurisdiction over all veterinary surgeons registered under this Act.
(2) The Council may exercise disciplinary jurisdiction over any registered veterinary surgeon—
(a) who has been convicted in Malaysia or elsewhere of any offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine);
(b) who has been guilty of infamous conduct in any professional respect;
(c) who has obtained registration by fraud or misrepresentation;
(d) who was not at the time of his registration entitled to be registered; or
(e) whose name has since been removed from any register of veterinary surgeon maintained in any place outside Malaysia.
Disciplinary punishments
(1) The Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments:
(a) order the name of such registered veterinary surgeon to be removed from the Register;
(b) order the name of such registered veterinary surgeon to be suspended from the Register for such period as it may think fit;
(c) order the registered veterinary surgeon to be reprimanded; or
(d) 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.
(2) Where the name of any registered veterinary surgeon is ordered by the Council to be struck off or suspended from the
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.
(3) 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.
(4) 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—
(a) on the expiry of the period of one month laid down in section 31, if that person does not enter an appeal against the decision of the Council; or
(b) immediately after the decision of the High Court upholding the decision of the Council if that person enters an appeal against the decision of the Council,
as the case may be.
(5) 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.
(6) 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
(1) Any veterinary surgeon who is aggrieved by any order made in respect of him by the Council in the exercise of its disciplinary jurisdiction or by any decision of the Council in proceedings relating to him under subsection 16(1) or subsection 30(1) or by the removal of his name from the Register under any of the provisions of this Act other than Part VII or by any refusal or failure of the Council to register or re-enter his name in the Register (except where such removal, refusal or failure is in consequence of such person’s failure to obtain a practising certificate or the cancellation of such certificate) may appeal to the High Court, and the High Court may thereupon affirm, reverse or vary the order or decision appealed against or may give such direction in the matter as it thinks proper; the costs of the appeal shall be in the discretion of the High Court.
(2) The decision of the High Court upon such appeal shall be final.
(3) The procedure in relation to any such appeal shall be subject to the rules of court applicable in the High Court:
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.
(4) 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.
