CHAPTER 319
VETERINARY SURGEONS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
RULES
(Section 22)
G.N. No. 433 of 1958
1. Short title
These Rules may be cited as the Veterinary Surgeons (Registration) Rules.
2. Interpretation
In these Rules, unless the context otherwise requires–
"Act" means the Veterinary Surgeons Act;
"Board", "licence", "the Registrar" and "the register" have the meanings ascribed to them respectively in the Act.
3. Publication of name, address, and qualifications
The Registrar shall cause to be published in the Gazette–
(a) next following the date of his registration, or as soon as conveniently may be thereafter, the name, address, qualifications and registration number of each veterinary surgeon who has been duly registered;
(b) as soon as conveniently may be after the first day of January in each year, a list containing the names, qualifications, addresses and registration numbers of all veterinary surgeons remaining on the register at the end of the previous year;
(c) next following the granting of a licence to practise as a veterinary practitioner or as soon as conveniently may be thereafter, the name, address, qualifications and licence number of each person who has been so licensed;
(d) as soon as conveniently may be after the first day of January in each year, a list containing the names, qualifications, addresses and licence numbers of all licensed veterinary practitioners remaining licensed at the end of the previous year.
4. Applications to the Board
Any person who applies to the Board to be registered as a veterinary surgeon shall make application in the form set out in the First Schedule to these Rules and any such application shall be accompanied by the documents specified in such form of application and by the registration fee prescribed by rule 5 of these Rules.
5. Fees
The fee payable upon the registration of a veterinary surgeon shall be Shs. 60/-:
Provided that no registration or licensing fee shall be payable by any of the persons entitled by section 17 of the Act to be registered free of charge.
6. Surrender of certificate or licence
The holder of any certificate of registration or licence issued under the provisions of the Act shall upon receiving notification of the removal of his name from the register of veterinary surgeons or of the cancellation of his licence, surrender to the Registrar the original certificate or licence issued to him.
7. Forms
(1) The certificate of registration as a veterinary surgeon shall be in the form set out in the Second Schedule to these Rules.
(2) The register of veterinary surgeons shall be in the form set out in the Third Schedule to these Rules.
(3) The licence issued under the provisions of section 21 of the Act to an employee of a charitable institution shall be in the form set out in the Fourth Schedule to these Rules.
FIRST SCHEDULE
FORM OF APPLICATION FOR REGISTRATION AS A VETERINARY SURGEON
(Rule 4 of the Veterinary Surgeons (Registration) Rules)
THE REGISTRAR, |
|
1. I hereby request that my name be considered by the Veterinary Board for registration. |
|
2. I enclose the following documents– |
|
(a) my original Degree/Diploma entitling me to practise veterinary surgery; |
|
(b) a certificate from the Registrar of the ............................................. College of the ........................................ (country) to the effect that I am lawfully entitled to such Degree/Diploma; and stating the qualification obtained and the date of obtaining that qualification; |
|
(c) the original certificate, and in cases where this is not in English, a certified true copy of an English translation from the Registrar of the organisation responsible for the registration of Veterinary Surgeons under the laws of the country in which my Degree/Diploma was obtained, stating the qualification obtained and the date of obtaining that qualification; |
|
(d) my affidavit to the effect that the Degree/Diploma/Certificate is authentic and is valid and that I am lawfully entitled to practise veterinary surgery in the country in which my Degree/Diploma was obtained, and that I intend to hold myself out in Tanzania as practising as a Veterinary Surgeon; |
|
(e) I hold the following additional qualification(s) which was/were obtained at the institution(s) and on the date(s) given and I enclose documents in support of this statement– |
|
3. I enclose the prescribed fee of Shs. 60/-. |
|
4. My present address is– |
|
................................................ |
|
Date .............................................. | |
Note: (1) Delete paragraph 2(a)/(b)/(c) as appropriate. |
|
(2) Strike out "Degree" or "Diploma" as appropriate. |
|
(3) For ease of reference, sections 8 and 17 of the Veterinary Surgeons Act are printed on the reverse of this form. |
SECOND SCHEDULE
CERTIFICATE OF REGISTRATION AS A VETERINARY SURGEON
(Issued under section 9 of the Veterinary Surgeons Act and under rule (7) of the Veterinary Surgeons (Registration) Rules)
Registration No.: ................................................... |
|
I hereby certify that ..................................................................................................... |
|
(Name and qualifications of person registered) having satisfied the Veterinary Board of Tanzania of his entitlement to be registered as a Veterinary Surgeon, was duly registered in the Veterinary Surgeons Register of Tanzania on the ......................... day of ......................... 20........ |
|
................................................... |
|
Note: This certificate remains evidence of registration only as long as the person named is registered in the register of Registered Veterinary Surgeons published annually in the Gazette of the United Republic of Tanzania. |
THIRD SCHEDULE
FORM OF VETERINARY SURGEONS REGISTER
(Subsection (2) of section 7 of the Veterinary Surgeons Act, and rule 7 of the Veterinary Surgeons (Registration) Rules)
No. | Full Name | Address {mprestriction ids="1,2,3"} | Qualifi- | Date of Qualifi- | Date of Local Registration | Gazette Publication Reference | Fee Paid and Rev. Rec. No. | Remarks |
FOURTH SCHEDULE
LICENCE ISSUED TO AN EMPLOYEE OF A CHARITABLE INSTITUTION
(Issued under section 21 of the Veterinary Surgeons Act, and rule 7(3) of the Veterinary Surgeons (Registration) Rules)
This Licence issued by the Veterinary Board of Tanzania, entitles Mr./Mrs./Miss ............... |
|
(a) that, as agreed by the ................................................................ the holder of this Licence will not treat any animal whose owner appears to the institution to be able to afford, or is able to obtain the services of a Veterinary Surgeon; and |
|
(b) ........................................................................................................................ |
|
....................................................... |
|
Date .............................................. |
G.N. No. 560 of 1958
1. Short title
These Rules may be cited as the Veterinary Board (Inquiries) Rules.
2. Interpretation
In these Rules unless the context otherwise requires–
"Act" means the Veterinary Surgeons Act;
"Board", "the Registrar" and "registered veterinary surgeon" have the meanings ascribed to them respectively in the Act;
"complainant", subject to the provisions of rule 9(3), means a person who makes a complaint or gives information to the Board.
3. Preliminary examination
When a complaint is made to or information received by the Board or any member thereof that a registered veterinary surgeon has been guilty of conduct which prima facie constitutes infamous or disgraceful conduct in a professional respect, the Registrar shall make a preliminary examination of the case to decide whether or not the complaint or information shall be inquired into by the Board.
4. Complaints to be in writing and accompanied by statutory declaration
Where a complaint is made by a person or body charging a registered veterinary surgeon with infamous or disgraceful conduct in a professional respect, such complaint shall be formulated in writing and addressed to the Registrar stating the grounds thereof and shall be accompanied by one or more statutory declarations verifying the facts of the case:
Provided that if the complaint is made by or on behalf of the Government, such complaint need not be accompanied by any statutory declarations.
5. Contents of statutory declarations
Every statutory declaration shall state the address and description of the declarant and where any fact stated in the declaration is not within the personal knowledge of the declarant, the source of his information and the ground of his belief in its truth must be accurately and fully stated.
6. Powers of Registrar
In the course of his preliminary examination the Registrar shall have power to ask the registered veterinary surgeon against whom the complaint is made, or in respect of whom the information is received, for any explanation and may cause such further investigation to be made or such further evidence to be obtained as he may think fit, and may take the opinion of any member of the Board and obtain such advice and assistance as he may think fit:
Provided that the Registrar may in any case in which a complaint is made or information received, and shall in any case where he asks a registered veterinary surgeon for any explanation as aforesaid, supply the registered veterinary surgeon with copies of the complaint or a summary of the information, as the case may be, and such particulars as will enable the registered veterinary surgeon to make the explanation.
7. Procedure where no prima facie case established
If the Registrar is of opinion that no prima facie case for inquiry is made out against the registered veterinary surgeon, he shall report to the Board and the Board shall determine whether or not to hold an inquiry. The Board may either direct the Registrar to inform the registered veterinary surgeon and the complainant of the Board's intention not to hold an inquiry in which case no further proceedings before the Board shall lie in respect of that information, or may direct an inquiry to be held.
8. Procedure where prima facie case established
(1) If the Registrar is of the opinion that a prima facie case for inquiry is disclosed, he shall direct an inquiry to be held by the Board.
(2) If the member of the Board appointed by the Attorney-General shall not sit on the Board at such inquiry, the Registrar shall so inform the Attorney-General and the Attorney-General shall appoint another member of the Attorney-General's Chambers (hereinafter called "the legal adviser") who shall advise the Board with regard to law and procedure.
(3) The Registrar shall, at least three days before an inquiry, provide each member of the Board and the legal adviser (if appointed) with a copy of all material documents appertaining to the inquiry which have been lodged with him.
9. Representation by an advocate
(1) A complainant (if any) and the registered veterinary surgeon may each be represented by an advocate.
(2) If there is no complainant the Board may appoint an advocate or, with the consent of the Attorney-General, a State Attorney, to present the case against the registered veterinary surgeon.
(3) References to either party hereinafter in these Rules shall be deemed to include, wherever the context so admits, their respective advocates, and references to the complainant shall be deemed to include an advocate or State Attorney appointed by the Board to present the case against the registered veterinary surgeon.
10. Notification of inquiry
(1) Where an inquiry has been directed to be held–
(a) a notice of the inquiry in the form set out in the First Schedule to these Rules shall be served on the registered veterinary surgeon concerned by the Registrar. Such notice shall specify the charge or charges in respect of which the inquiry will be held, and shall inform the registered veterinary surgeon of the time and place appointed for holding the inquiry;
(b) a notice in the form set out in the Second Schedule to these Rules shall be served on the complainant by the Registrar, requiring his attendance and notifying him of the place and time appointed for holding the inquiry.
(2) Each of the said notices shall be accompanied by a copy of section 19 of the Act and a copy of these Rules.
(3) Any notice under this rule shall be deemed to have been served on any person–
(a) if served on him personally; or
(b) if left for him at his last known address; or
(c) if sent by registered post addressed to him at his last known address.
11. Rights of parties to documents
Either party shall for the purpose of his defence or reply, as the case may be, and upon request in writing for the purpose to the Registrar, be entitled to be supplied by the Registrar on demand with a copy of any statutory declaration, explanation, answer or other document given or sent to the Board by or on behalf of the other party.
12. Notice to admit facts
The complainant and the registered veterinary surgeon concerned may at any time before the date of holding the inquiry, serve upon the other party thereto a notice in writing calling on him to admit in writing any facts or to produce any documents which are specified in such notice and are material to the complaint, information or defence, as the case may be.
13. Summoning of witnesses
The Registrar may summon any person to attend as a witness at any inquiry and/or to produce any books or documents as may be required at such inquiry.
14. Form of summons
A summons issued under these Rules shall be in the form set out in the Third Schedule to these Rules and shall be issued in duplicate.
15. Service of summons
Any summons issued under these Rules shall be deemed to have been served on any person–
(a) if served on him personally;
(b) if left for him at his last known address; or
(c) if sent by registered post addressed to him at his last known address.
16. Receipt of summons
The recipient of a summons issued under these Rules shall sign the original summons and–
(a) where the summons has been served on him personally, return it to the person serving it; or
(b) where the summons has been left for him at his last known address or has been sent by registered post addressed to him at his last known address, return it by registered post to the Registrar.
17. Production of documents
Any books or documents required to be produced by a summons issued under these Rules shall be delivered to the Registrar on or before the day and hour specified in the summons.
18. Witness expenses
Witness expenses shall be such as are set out in the Fourth Schedule to these Rules and shall be paid–
(a) where the witness is called by or on behalf of the Board by the Registrar; and
(b) where the witness is called by or on behalf of the registered veterinary surgeon concerned by such registered veterinary surgeon.
19. Inquiry to be public
The place where the inquiry is held shall be open to the public so far as the same can conveniently contain them:
Provided that the Board, if it thinks fit, may at any inquiry exclude the public generally or any particular person.
20. Board to be satisfied of service of notice
At the opening of the inquiry the charge or charges shall be read, and if the registered veterinary surgeon concerned or the complainant is not present the Board shall satisfy itself that notice of the inquiry was duly served on him as prescribed by these Rules.
21. Procedure
(1) The complainant shall open the case and produce his evidence in support thereof.
(2) The Board shall then call upon the registered veterinary surgeon to state his case and produce evidence in support thereof.
(3) At the conclusion of the case on behalf of the registered veterinary surgeon the complainant may address the Board in reply:
Provided that if the registered veterinary surgeon has not produced evidence in support of his case the complainant shall not, without the consent of the Board, make an address in reply.
22. Evidence and examination of witnesses
(1) Evidence may be taken by the Board by oral or by written statement. If by oral statement it shall be given upon oath or affirmation, and if by written statement it shall be in the form of an affidavit or statutory declaration.
(2) Where a witness is called by a party he shall be first examined by the party who produced him and then cross-examined by the other party and then re-examined by the party who called him.
(3) If a deponent to a document is present at the inquiry and refuses to submit himself to cross-examination, the Board may refuse to admit his evidence.
23. Board may question witnesses
Members of the Board may through the Chairman put such questions to the parties or witnesses as they may think desirable.
24. Adjournments and deliberations
(1) At any stage of the inquiry the Board may adjourn to consider any matter arising therefrom.
(2) At the conclusion of the hearing the Board shall deliberate thereon in camera.
(3) No person other than a member of the Board shall be entitled to be present at any meeting of the Board during an adjournment or during its deliberations under the provisions of these Rules:
Provided that if the member of the Board appointed by the Attorney-General shall not be sitting on the Board the legal adviser shall be present.
25. Record
The Chairman, or if the Chairman so directs, the Registrar, shall take down in writing a record of the inquiry and of the substance of the evidence of the witnesses and shall certify the said record.
26. Finding
The decision of the Board shall be announced by the Chairman in public in such terms as the Board may approve.
FIRST SCHEDULE
NOTICE TO A REGISTERED VETERINARY SURGEON OF AN INQUIRY
(SECTION 19 OF THE VETERINARY SURGEONS ACT)
(Rule 10(1)(a))
To: ....................................................... | |
Sir, | |
On behalf of the Veterinary Board I give you notice 1 that information and evidence have been laid before the Board by ........................................................................ in which the complainant makes the following charge against you, namely ............................................... and /or 2 that information and evidence have been received by the Board from which it appears that |
|
(a) 3 being a registered veterinary surgeon you ..................................................... and ................................................................................................................... |
|
(b) in relation to the facts so alleged you have been guilty of infamous/disgraceful 4 conduct in a professional respect; |
|
and I am directed to give you notice that on the ......................... day of ......................... 20........ at ................................................... a meeting of the Veterinary Board will be held at ...................... a.m./p.m. to consider the above-mentioned charge or charges against you and to decide whether or not they should direct that your name be removed from the register of veterinary surgeons pursuant to section 19 of the Veterinary Surgeons Act (Cap. 319). |
|
You are requested to answer in writing the above charge or charges and to appear before the Veterinary Board at the above-named place and time to establish any denial or defence that you may have to make and you are hereby informed that if you do not attend as required the Board may proceed to hear and decide upon the said charge or charges in your absence. |
|
Any answer, document or other communication or application which you may desire to produce or make respecting the said charge or charges on your defence should be addressed to me and dispatched so as to reach me not later than ......................... days before the date appointed for the hearing of this matter. |
|
The name and full postal address of any person you may desire to summon as a witness and the name and full postal address of any person holding any books or documents which you may require to be produced in evidence should be notified to me not later than ....................... days before the date appointed for the inquiry. |
|
A copy of section 19 of the Veterinary Surgeons Act and of the Veterinary Board (Inquiry) Rules, is enclosed for your information. |
|
................................................. |
SECOND SCHEDULE
NOTICE TO BE ISSUED TO A COMPLAINANT IN CONNECTION WITH AN INQUIRY
(SECTION 19 OF THE VETERINARY SURGEONS ACT)
(Rule 10(1)(b))
To: ....................................................... | |
Sir, | |
Whereas having made a preliminary examination into the complaint made by you against .......................................................................... contained in your letter dated |
|
I give you notice therefore that your attendance and/or that of your advocate is required to present evidence in support of your complaint at the inquiry to be held at ................................................... at .............. a.m./p.m. on the ......................... day of ......................... 20........ |
|
................................................. |
THIRD SCHEDULE
SUMMONS TO WITNESS
(Rule 14)
To: ....................................................... | |
WHEREAS 1 your attendance is required to give evidence/ 2 the production of the books and/or documents listed below is required, on behalf of ....................................................... |
|
3 (a) personally to appear before the Veterinary Board in ............................................... on the ......................... day of ......................... 20........ at ............... o'clock in the ................... noon; and |
|
4 (b) to produce to the Registrar of the Veterinary Board, on or before ............... o'clock in the ............... noon of the ......................... day of ......................... 20........, the following books or documents, which are stated to be in your possession: |
|
Witness expenses will be paid to you as follows– |
|
If you fail to comply with this order without lawful excuse you will be subject to the consequences of non-attendance laid down in section 19(7) of the Veterinary Surgeons Act. |
|
A duplicate copy of this summons is enclosed. The original summons if not served personally must be signed by you and returned by registered post to the Registrar of the Veterinary Board, Ministry of Agriculture, P.O. Box 9152, Dar es Salaam, without delay. |
|
Given under my hand this ......................... day of ......................... 20........, at Dar es Salaam. |
|
............................................. |
|
I hereby acknowledge receipt of a duplicate of this summons. |
|
Signature ................................................. |
|
Date ........................................................ |
|
The affidavit of .................................................................................................................. |
|
I, ............................................................................ make oath/affirm and say as follows: |
|
I am the process server of the Veterinary Board. On the ......................... day of ......................... 20........, I received a summons issued by the Registrar of the Veterinary Board dated the ......................... day of ......................... 20........, for service on ........................................................ The said ......................... was at the time personally known to me and I served the said summons on him on the ......................... day of ......................... 20........, at ........... o'clock in the ............... noon, by tendering a copy thereof to him and requiring a signature from him to the original summons. |
|
The said ........................................................ signed this summons in the presence of ....................................................... Signature of process server ........................................ Sworn/affirmed by the said .............................................. at ............................................... |
|
Before me, ................................................................ Magistrate. |
FOURTH SCHEDULE
WITNESS EXPENSES
(Rule 18)
1. No expenses other than those normally paid whilst on duty shall be paid to any person employed in the service of the Government.
2. Witness expenses to other persons shall be–
(a) Transport Expenses
(i) A government Warrant shall be issued for travel by road or rail service or by air on a scheduled passenger service at the discretion of the Registrar;
(ii) Government Transport allowances at the rate in force for the grade of vehicle used for the return journey from the place of residence of witness to the nearest rail, road or air service embarkation point; or for the whole journey to the place at which the inquiry will be held if the use or road, rail or air services is not possible or is not, in the opinion of the Registrar, practicable.
(b) Subsistence Allowance
Hotel and subsistence charges at the rate in force for Government servants of equivalent status for the minimum period required for the witness to travel from his place of residence to the place at which the inquiry is being held and for the minimum period it is necessary for the witness to remain at the place where the inquiry is being held, at the discretion of the Registrar and upon the production of receipts and bills or other evidence should the Registrar so require.
(c) Expenses for Loss of Income
(i) Employed persons: A sum not exceeding the daily salary paid to an employed person by his employer for each full working day the witness is necessarily absent from his employment, or if the witness is resident at the place at which the inquiry is held, a sum not exceeding the hourly salary for the number of completed hours during which he is required to attend the inquiry, in either case not exceeding Shs. 80/- per day. Evidence of salary received may be obtained from the employer at the discretion of the Registrar;
(ii) Self-Employed persons: A sum not exceeding Shs. 80/- per day for each day that the witness is necessarily absent from his business, subject to the witness producing evidence to the Registrar in substantiation of any claim he may make. {/mprestriction}