Fraudulent registration
Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or produced, any false or fraudulent representation or declaration, either orally or in writing, shall be guilty of an offence against this Act.
Offences
(1) Any person not registered or exempted from registration under this Act who— (a) wilfully and falsely pretends to be registered under this Act or to be qualified to practise veterinary medicine; (b) wilfully and falsely takes or uses the name or title of veterinarian, veterinary practitioner, veterinary surgeon, doctor of veterinary medicine, bachelor of veterinary science or bachelor of veterinary surgery; (c) wilfully and falsely takes or uses any name, title, addition or description implying that he is registered under this Act, or that he is recognised by law as a veterinary surgeon or that he is qualified to heal or treat animal diseases whether by veterinary medicine or any other means of any kind or description whatsoever; (d) wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument, calculated to induce any person to believe that he is qualified to practise veterinary medicine; (e) practises veterinary medicine; (f) uses the term “veterinary clinic” or “veterinary dispensary” or “veterinary hospital” or the equivalent of any of these terms in any other language in the signboard over his place of practice in purported practice of veterinary medicine as a person registered under this Act; or (g) uses a symbol designed by the Council for the use of registered veterinary surgeons only, shall be guilty of an offence against this Act. (2) For the purposes of subsection (1)— (a) the taking or using by any person of the term “veterinarian” or “veterinary practitioner” or “veterinary surgeon” or “doctor of veterinary medicine” or “bachelor of veterinary science” or “bachelor of veterinary surgery” or “veterinary clinic” or “veterinary dispensary” or “veterinary hospital” or the equivalent of any of these terms in any other language in relation to the practice of veterinary medicine shall be deemed, unless the contrary be proved, to be the taking or using of a name, title, addition or description calculated to induce any person to believe that he is qualified to practise veterinary medicine; (b) the using by any person in the practice of veterinary medicine of any instrument or material used exclusively by persons qualified to practise veterinary medicine shall be deemed, unless the contrary be proved, to be the using of an instrument calculated to induce a person to believe that he is qualified to practise veterinary medicine; and (c) where any person, other than a registered veterinary surgeon or a dealer in veterinary appliances and instruments, has in his possession any one or more of the instruments and applicances commonly used in the practice of veterinary medicine, he shall be deemed, unless the contrary be proved, to wilfully and falsely pretend to be registered under this Act and to be qualified to practise veterinary medicine.
Covering
(1) Any registered veterinary surgeon who allows an unregistered person to practise veterinary medicine on the premises used by or under the control of such registered veterinary surgeon in the performance of his professional duties shall be guilty of an offence against this Act. (2) Any registered veterinary surgeon who by his presence, countenance, advice, assistance, or co-operation has knowingly enabled an unregistered person, whether described as an assistant or otherwise, to practise veterinary medicine, shall be guilty of an offence against this Act. (3) Any registered veterinary surgeon who practises veterinary medicine in the premises in which an unregistered person practices veterinary medicine to the knowledge of the registered veterinary surgeon shall be guilty of an offence against this Act. (4) Nothing in this section shall operate to prevent the carrying out of procedures, falling within the meaning of practice of veterinary medicine, by any person in the public service employed for that purpose where such procedures are carried out in the course of that person’s employment and under the supervision of a veterinary surgeon in the public service.
Offence for registered veterinary surgeons to falsely describe vocation
Any registered veterinary surgeon who wilfully or falsely pretends to be or takes or uses any name, title or description implying in itself or in the circumstances in which it is used that such registered veterinary surgeon possesses or holds any qualification to practise other than that which he actually possesses or holds shall be guilty of an offence against this Act.
Prosecutions
(1) A prosecution for an offence against this Act may be instituted by— (a) the President or an officer appointed by him or by the Council in that behalf in writing; (b) the officer responsible for the administration of the veterinary services in a State or an officer appointed by him in that behalf in writing; or (c) the authority referred to in paragraph 28(1)(c) or an officer nominated by such authority in that behalf in writing. (2) In the case of an offence against section 33, any police officer may arrest without warrant any person who, not being a registered veterinary surgeon, is practising or is believed to be practising veterinary medicine in any street or public place.
Exemptions
Nothing in this Act shall operate to prevent— (a) the training of veterinary students in the practice of veterinary medicine under the supervision of a registered veterinary surgeon in a veterinary hospital, veterinary clinic, or veterinary school approved for the purpose by the Minister; (b) the owner of an animal and the owner’s fulltime regular employee from caring for or treating the animal belonging to such owner, except where the ownership of the animal was transferred for the purpose of circumventing this Act; (c) any person engaged in bona fide scientific research which reasonably requires experimentation involving animals from carrying on acts which otherwise are prohibited or restricted by this Act or any regulations made thereunder; (d) an employee of the government from performing his official duties; (e) a person from advising with respect to or performing acts which the Council has prescribed as accepted livestock management practice; (f) any person approved by Council from performing artificial insemination.
General penalty
(1) Any person guilty of an offence against this Act shall be liable on conviction— (a) in respect of a first offence to a fine not exceeding one thousand ringgit; and (b) in respect of the second or subsequent offences to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both. (2) In the case of a continuing offence such person shall be liable to a further penalty of fifty ringgit for each day during the continuance of such offence in addition to the respective penalty under paragraphs (1)(a) and (b).
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).