Section 34
of Veterinary Surgeons Order, 2005
Section 34
(1)
The Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments –
(a)
order the name of a registered veterinary surgeon to be removed from the register;
Incorporating amendments until S 12/2018
(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019
NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]
Softcopy emailed to Siti Noor Hazimah on 22.07.2019
15
BLUV as at 8th March 2018
(b)
order the name of a 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 order referred to in paragraph (a), (b) or (c) but suspend the enforcement thereof, subject to such conditions as the Council may think fit, for a period in the aggregate not exceeding 2 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, the registered veterinary surgeon or any complainant, 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 removed or suspended from the register under paragraph (a) or (b) of subsection (1), as the case may be, he shall within 5 days of the making of such order surrender to the Registrar his certificate including any recent certificate which he may have obtained from the Registrar and his certificate of registration:
Provided that where neither such veterinary surgeon nor his counsel were present before the Council at the time of the pronouncement of such order, the Registrar shall give written notice to such veterinary surgeon of the order made by the Council and requiring that such veterinary surgeon shall surrender to him his certificate including any recent certificate which he may have obtained from the Registrar and his certificate of registration, within 7 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 certificate and his certificate of registration within the time provided in subsection (2), he is guilty of an offence.
(4)
The Registrar shall publish in the Gazette the name of any person removed or suspended from the register under paragraph (a) or (b) of subsection (1), as the case may be, either –
Incorporating amendments until S 12/2018
(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019
NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]
Softcopy emailed to Siti Noor Hazimah on 22.07.2019
16
BLUV as at 8th March 2018
(a)
on the expiry of the period of one month, if that person does not appeal against the decision of the Council under section 35; or
(b)
immediately after the decision of the Minister under section 35
upholding the decision of the Council if that person appeals against the decision of the
Council under that section.
(5)
No person whose name has been removed from the register under paragraph (a)
of subsection (1) shall thereafter be entitled to apply to be registered under this Order, 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 be 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 to apply for the certificate of registration and the certificate (if the period for which it is issued is still valid) to be returned to him.
(6)
An application under subsection (5) shall be made in such form and manner and be accompanied by such documents, photographs and particulars as the Council may determine and by the fee referred to in subsection (2) of section 24.
Appeal against direction or order of Council.