Veterinary Surgeons Act — Esheria

Statute

Veterinary Surgeons Act

Chapter 277 Country: Uganda As of: 31 Dec 2000 Status: In force Sections: 25
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Section 1

1. Interpretation

Section 1. Interpretation Section 1(1) In this Act, unless the context otherwise requires— Section 1(1)(a) " board " means the Uganda Veterinary Board established under section 2 ; Section 1(1)(b) " licence " means a licence to practise veterinary surgery issued under section 11 ; Section 1(1)(c) " licensed veterinary practitioner " means any person to whom a licence under section 11 has been issued; Section 1(1)(d) " partner States " means the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya; Section 1(1)(e) " register " means the register kept by the registrar in accordance with this Act; Section 1(1)(f) " registered veterinary surgeon " means a person whose name appears in the register ; Section 1(1)(g) " registrar " means the veterinary registrar appointed under section 4 ; Section 1(1)(h) " veterinary officer " means a registered veterinary surgeon holding an office in the public service designated as such. Section 1(2) For the purposes of this Act, the practice of veterinary surgery shall be deemed to mean the performance of any operation and the giving of any treatment, advice, diagnosis or attendance in respect of an animal for gain or reward. S...

Section 10

10. Certified copies or extracts ofregisterreceivable in evidence

Section 10. Certified copies or extracts ofregisterreceivable in evidence Section The register , or any copy of it or any extract from it purporting to be certified under the hand of the registrar , shall be receivable in evidence in all courts.

Section 11

11. Licensed veterinary practitioners

Section 11. Licensed veterinary practitioners Section 11(1) Whenever the board is satisfied that it is in the public interest— Section 11(1)(a) that any veterinary officer or assistant veterinary officer in the service of the Government, of the East African Community or other university college in the partner States ; or Section 11(1)(b) that any person who has retired from an appointment as a veterinary officer or assistant veterinary officer in the service of the Government, of the East African Community or other university college in the partner States after having performed satisfactory service therein for a minimum period of two years, Section 11(2) Whenever the board is satisfied that in any place, district or area of Uganda there is not available a sufficient number of registered veterinary surgeons or licensed veterinary practitioners and that it is in the public interest that there should be in such place, district or area a sufficient number of persons lawfully entitled to practise veterinary surgery, it may, in its discretion, upon payment of such fee, if any, as may be prescribed, issue to any suitable person a licence to practise veterinary surgery in any place, distri...

Section 12

12. Use of titles

Section 12. Use of titles Section 12(1) A registered veterinary surgeon or a licensed veterinary practitioner shall, by virtue of being so registered or licensed, be entitled respectively to take and use the title and description of veterinary surgeon or veterinary practitioner. Section 12(2) Every person who holds a degree or its equivalent in veterinary science awarded by any university recognised by the board and has been registered under section 6 as a veterinary surgeon shall, by virtue of being so registered, take and use the title and description of veterinary doctor. Section 12(3) No registered veterinary surgeon or a licensed veterinary practitioner shall take or use or affix to or use in connection with any premises occupied by him or her, any title or descriptions other than that of veterinary surgeon, veterinary doctor or veterinary practitioner unless he or she possesses a professional qualification particulars of which have, in the case of a registered veterinary surgeon , been entered in the register or have, in the case of a licensed veterinary practitioner , been approved by the board and have been endorsed upon the licence issued to the licensed veterinary practit...

Section 13

13. Prohibition of practice by unregistered or unlicensed persons

Section 13. Prohibition of practice by unregistered or unlicensed persons Section 13(1) No person, unless he or she is registered or licensed under this Act, shall— Section 13(1)(a) take or use the title or description of veterinary surgeon or veterinary practitioner; or Section 13(1)(b) practise or directly or indirectly hold himself or herself out as practising as a veterinary surgeon or as a practitioner of veterinary surgery or of any branch thereof. Section 13(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding three thousand shillings.

Section 14

14. Practice and recovery of fees

Section 14. Practice and recovery of fees Section 14(1) Every registered veterinary surgeon and licensed veterinary practitioner shall be entitled to practise veterinary surgery and to demand, sue for and recover in any court of competent jurisdiction reasonable fees and charges in respect of such practice. Section 14(2) No person shall be entitled to recover any such fee or charge as is mentioned in subsection (1) unless he or she is a registered veterinary surgeon or a licensed veterinary practitioner .

Section 15

15. Offences and penalties

Section 15. Offences and penalties Section fraudulently makes, or causes or permits to be made, any false or incorrect entry in the register or any copy thereof;

Section 16

16. Power to strike offregisteror cancel thelicence

Section 16. Power to strike offregisteror cancel thelicence Section 16(1) If— Section 16(1)(a) any registered veterinary surgeon or licensed veterinary practitioner is convicted on any criminal charge and the offence is such as, in the opinion of the board , to warrant disciplinary action being instituted against that person; Section 16(1)(b) any registered veterinary surgeon or licensed veterinary practitioner is alleged to have been guilty of any infamous or disgraceful conduct in the practice of veterinary surgery; or Section 16(1)(c) any licensed veterinary practitioner fails to observe any condition contained in his or her licence , Section 16(2) For the purpose of holding any inquiry under this section, the board shall consist of— Section 16(2)(a) a chief magistrate or a magistrate grade I, who shall be appointed by the Chief Justice, and who shall preside over the board ; Section 16(2)(b) the commissioner of livestock and entomology; and Section 16(2)(c) two members of the board appointed by the board for such purpose. Section 16(3) A meeting of the board for the purpose of holding an inquiry under this section shall be convened by the secretary to the board . Section 16(4)...

Section 17

17. Powers ofboardwhen holding inquiry

Section 17. Powers ofboardwhen holding inquiry Section 17(1) In any inquiry held under section 16 , the board shall have the powers of the High Court to summon witnesses and to call for the production of books, plans and documents and to examine witnesses and parties on oath. Section 17(2) Summonses for the attendance of witnesses or other persons at an inquiry held under section 16 shall be signed by the secretary to the board, and oaths and affirmations shall be administered at any such inquiry by the person presiding over the board.

Section 18

18. Offences by witnesses summoned to give evidence at inquiry

Section 18. Offences by witnesses summoned to give evidence at inquiry Section 18(1) Every person who, having been served with a summons to attend and give evidence or to produce any book, plan or document at any inquiry held under section 16 — Section 18(1)(a) fails without sufficient cause to obey the summons; Section 18(1)(b) refuses without sufficient cause to answer fully and to the best of his or her knowledge and belief all questions put to him or her by or with the concurrence of the board ; or Section 18(1)(c) wilfully interrupts the proceedings of the board or insults any member of the board , Section 18(2) An inquiry under section 16 shall be deemed to be a suit or proceeding for the purposes of section 131 of the Evidence Act.

Section 19

19. Disciplinary powers ofboard

Section 19. Disciplinary powers ofboard Section in the case of a registered veterinary surgeon , direct the registrar to remove his or her name from the register ;

Section 2

2. Establishment and constitution of veterinaryboard

Section 2. Establishment and constitution of veterinaryboard Section 2(1) For the purposes of this Act there is established a board , to be known as the Uganda Veterinary Board, which shall consist of a chairperson and not more than six other members, each of whom shall be a registered veterinary surgeon and who shall be appointed by the Minister by notice in the Gazette . Section 2(2) Each member of the board shall hold office for the period specified in the notice of his or her appointment and shall be eligible for reappointment. Section 2(3) Any member of the board may at any time by writing under his or her hand addressed to the secretary to the board resign his or her office. Section 2(4) The board may sue and be sued under the name of the Uganda Veterinary Board, and service on the board of all legal processes and notices shall be effected by delivering them to the secretary to the board .

Section 20

20. Proceedings beforeboardto be recorded and copy of order ofboardto be served

Section 20. Proceedings beforeboardto be recorded and copy of order ofboardto be served Section 20(1) The findings and decision of the board at any inquiry under this Act shall be recorded in writing and signed by the person presiding over the board and when so recorded and signed shall be conclusive evidence of the findings and decision. Section 20(2) A copy of any direction or order and the notification of any reprimand under section 19 shall be served upon the registered veterinary surgeon or licensed veterinary practitioner the subject of the inquiry either personally or by registered post addressed to his or her last known address. Section 20(3) A licensed veterinary practitioner whose licence has been suspended or cancelled shall surrender the licence to the board within such time as the board shall direct.

Section 21

21. Appeal from decision ofboard

Section 21. Appeal from decision ofboard Section 21(1) Any person aggrieved by a direction or order of, or a reprimand by, the board under section 19 may, within thirty days of the service of the direction or order or the notification of such reprimand upon him or her, appeal to the High Court, and the decision of the High Court on the appeal shall be final. Section 21(2) On any appeal under this section, the High Court may vary or reverse the decision of the board . Section 21(3) The Chief Justice may make rules governing appeals under this section.

Section 22

22. Power to apply toboardfor restoration oflicence, etc.

Section 22. Power to apply toboardfor restoration oflicence, etc. Section the restoration of his or her name to the register ;

Section 23

23. Power to commissioner to exempt certain treatments, etc. from operation of Act

Section 23. Power to commissioner to exempt certain treatments, etc. from operation of Act Section The commissioner of livestock and entomology may, by statutory order, declare that the practice of veterinary surgery shall not be deemed to include any specified treatment, test or operation, either generally or in respect of any specified species of animal, and so long as any such order remains in force, the provisions of this Act shall not apply to any person performing, carrying out or giving any such treatment, test or operation.

Section 24

24. Exemptions

Section 24. Exemptions Section by any person in the service of the Government or that in the ordinary course of his or her duties in such service;

Section 25

25. Rules

Section 25. Rules Section The Minister may make rules generally for better carrying out the provisions of this Act.

Section 3

3. Meetings and procedure ofboard

Section 3. Meetings and procedure ofboard Section 3(1) The board shall meet at such times as may be necessary or expedient for the transaction of its business, and any such meeting shall be convened by the chairperson of the board . Section 3(2) The chairperson of the board shall preside at all meetings of the board at which he or she is present, and in the absence of the chairperson from any meeting of the board , the members of the board present at the meeting and constituting a quorum shall elect from among their number a temporary chairperson for the purposes of the meeting. Section 3(3) At any meeting of the board four members shall constitute a quorum for the transaction of business. Section 3(4) A decision of the majority of members present and voting at any meeting of the board shall be deemed to be the decision of the board ; and in the event of an equality of votes, the chairperson of the board , or, as the case may be, the temporary chairperson of the meeting, shall have a casting vote in addition to his or her deliberative vote. Section 3(5) There shall be a secretary to the board who shall be appointed by the board and who shall be responsible for recording the proceed...

Section 4

4. Appointment of veterinaryregistrar

Section 4. Appointment of veterinaryregistrar Section 4(1) For the purposes of this Act, the secretary to the board is appointed to be the veterinary registrar . Section 4(2) The registrar shall keep a veterinary register in the prescribed form and shall perform such other duties in connection with the register as may be prescribed.

Section 5

5. Persons who may be registered

Section 5. Persons who may be registered Section 5(1) Subject to this section, every person who holds a degree or diploma in veterinary science awarded by any university recognised by the board and completes an internship of such description and for such period as may be prescribed by byelaws made by the board shall be qualified to be registered under section 6 as a veterinary surgeon. Section 5(2) Where a person holding a degree or diploma in veterinary science awarded by a university which, for the purposes of this Act, is not recognised by the board , applies for registration under this Act, the board shall require the applicant to pass an examination conducted by Makerere University and to undergo a period of internship prescribed by byelaws made by the board so as to qualify for registration under this Act. Section 5(3) The board may make byelaws respecting internship for the purposes of this section, and the byelaws may contain such special provisions as the board thinks fit to include declaring that a person— Section 5(3)(a) who, prior to the commencement of this Act, had commenced and completed or completes, whether prior to or after that date, an internship of such descrip...

Section 6

6. Registration

Section 6. Registration Section 6(1) Any person entitled to be registered as a registered veterinary surgeon under this Act may apply to the registrar for registration. Section 6(2) Upon being satisfied that an applicant for registration under this Act is qualified to be registered, the registrar shall enter or cause to be entered the name of the applicant in the register on payment of a fee of sixty shillings.

Section 7

7. Certificate of registration

Section 7. Certificate of registration Section The registrar shall issue or cause to be issued to every registered veterinary surgeon a certificate of registration in the prescribed form.

Section 8

8. Correction ofregister

Section 8. Correction ofregister Section 8(1) The registrar shall, from time to time, make any necessary alteration or correction in the register in relation to any entry in it. Section 8(2) The registrar shall remove from the register the name of any registered veterinary surgeon who has died or who has left Uganda with no intention of returning to practise in Uganda. Section 8(3) The registrar may, on the application, or with the consent, of the person concerned, remove from the register the name of any registered veterinary surgeon who has ceased to practise veterinary surgery. Section 8(4) The registrar may, by registered letter addressed to any registered veterinary surgeon at his or her address recorded in the register , inquire whether such person has ceased to practise, or has changed his or her residence, or has left Uganda with no intention of returning to practise in Uganda, and, if no reply is received to the letter within six months of its date of posting, the registrar may remove from the register the name of that registered veterinary surgeon . Section 8(5) The name of any registered veterinary surgeon removed from the register under subsection (3) or (4) may, withou...

Section 9

9. Publications to beprima facieevidence

Section 9. Publications to beprima facieevidence Section 9(1) The registrar shall publish— Section 9(1)(a) in the Gazette next following the date of registration of any person under this Act, the name, address and qualifications of that person; and Section 9(1)(b) annually in a Gazette a list containing the names, addresses and qualifications of all registered veterinary surgeons appearing on the register as at the 31st day of December in the previous year. Section 9(2) The production at any time of the Gazette containing the list mentioned in subsection (1)(b) or, as the case may be, of a subsequent Gazette containing an entry mentioned in subsection (1)(a) shall be prima facie evidence that any person named in the list, or in the entry, is duly registered under this Act, and the absence of the name of any person from such list, and the absence of an entry in any subsequent Gazette , shall be prima facie evidence that the person is not so registered.