Veterinary Council Act of 1995

368 The Veterinary Council Act, 1995 Arrangement of Sections CHAPTER I Preliminary Provisions Section: 1. Title. 2. Repeal and Saving. 3. Interpretation. CHAPTER II THE Council 4. Establishment, headquarters and responsibility of the Council. 5. Constitution of the Council. 6. (Repealed). 7. Conditions of Membership of the Council. 8. Dissolution of the Council. 8A. Remunerations of the Chairperson of the Council, his Deputy and members. 9. Resignation of Chairperson and Members. 10. Release from Membership. 11. Filling of Vacant Positions. 12. Term of session of the Council. 13. Functions and powers of the Council. 14. Committees of the Council. CHAPTER III The General Secretary, Registrar and his Deputy Appointment of the Registrar and his Deputy 15. (Repealed). 15A. Appointment of the General Secretary, Registrar and his Deputy. 15B. Duties of the General Secretary. 369 16. Duties, Functions and Powers of the Registrar. 17. Registration. 18. Privileges of Entering in Registers. 19. Keeping Registers and Cogency of Registration. 20. Printing and Publication of the register. CHAPTER IV Financial Provisions 21.Financial Resources of the Council. 22. Accounts, Books and Registers Kept. 23. Audit. 24. Statement of Final Account and National Audit Chamber’s Report. CHAPTER V Complaints, Contraventions and Penalties 25.Complaints. 26 .Sanctions. 27. Offences and Penalties. CHAPTER VI Final Provisions 28. Transitional Provisions. 29. Power to Make Regulations, Rules and Orders. The Schedule. 370 The Veterinary Council Act, 1995 (15. 08. 1995) CHAPTER I Preliminary Provisions Title 1. This Act may be cited as the “Veterinary Council Act, 1995.” Repeal and saving 2. The Veterinary Council Act, 1954 shall be repealed; provided that the repeal thereof shall not entail revocation of the regulations made under the provisions thereof, and such regulations shall remain in force, as if they have been made by virtue of the provisions of this Act, and shall be amended or revoked in accordance therewith. Interpretation 3. In this Act, unless the context otherwise requires:1 “animal production graduate”, means any person obtaining a Bachelor degree in livestock production, from a recognized faculty of animal product; “animal production technician”, means any person obtaining a technical Diploma in animal production, from a recognized faculty or institute of animal production; “Chairperson”, means the Chairperson of the Veterinary Council, provided for in section 6 (1); 1 Act No. 12/2004; Act No. 40/1974. 371 “Competent Minister”, means such minister, as may be appointed by the President of the Republic, to supervise the Council; “Council”, means the Veterinary Council, established under the provisions of section 4 (1); “Minister”, means the Minister of Finance and National Economy; “oath”, means such oath as may be approved by endorsed by the Council, and taken by veterinarians; “register”, means any of the registers which are issued in accordance with the provisions of section 17 (2); “Registrar”, means the Registrar appointed under the provisions of section 15A; “veterinarian”, means any person obtaining the required qualifications, and has been registered in pursuance of the provisions of this Act; “veterinary science technician”, means any person obtaining a technical Diploma in veterinary science, from a recognized veterinary science faculty or institute. CHAPTER II The Council Establishment, headquarters and responsibility of the Council2 4. (1) There shall be established a council to be known as the (Veterinary Council), and shall have legal corporate personality, common seal and the right to litigate in its own name. 2 Act No. 12/2004. 372 (2) The headquarters of the Council shall be in Khartoum state, and may establish state sub-offices, the tasks and functions of which shall be specified by the Competent Minister. (3) The Council shall be responsible to the Minister. Constitution of the Council3 5. (1) The Council shall be constituted by a decision of the Council of Ministers, upon recommendation of the Competent Minister, after consultation with the competent bodies, of a chairperson, deputy thereof and number of members; provided that they shall be of leaders from those possessed of competence and experience in the field of veterinary work, as follows: (a) Undersecretary of Ministry of Animal and Fishery Wealth, member; (b) General Director, Animal Wealth Research Corporation, member; (c) General Director, Veterinary Supplies Corporation, member; (d) two of the deans of faculties of veterinary medicine to be appointed by the Competent Minister, members; (e) two of the deans of faculties of animal production to be appointed by the Competent Minister, members; (f) three members to be selected by the General Veterinarians Union, on condition that one of them from the public sector; (g) Three members from those of experience, qualification and interest in the work of veterinary field, members; (h) representative of the Public Health Council, member; (i) President of the Sudanese Veterinarians General Association, member; 3 Act No. 12/2004 373 (j) President of the Sudan Herdsmen General Union, member; (K) two to be selected by the Competent Minister, and there is no condition that they shall be from those who must be registered under the provisions of this Act, members; (l) President of the Veterinary and Animal Production Association, member; (m) three members from those possessed of knowhow in veterinary science, to be appointed by the Competent Minister, members. (2) Where any seat in the Council falls vacant, for any reason, it shall be filled in the nearest possible opportunity, with the same procedure by which appointment was carried out, and the same is subject to the provisions of section 11. (3) The Chairperson of the Council and his deputy, before assuming their tasks, shall conduct the oath set out in the Schedule hereto, before the Competent Minister. Chairperson of the Council and his Deputy 6. Repealed.4 Conditions of membership of the Council 7. There shall be satisfied in every one of the members, the following conditions, namely: (a) he shall be Sudanese; (b) he shall not have been convicted, during the fifteen years preceding his nomination or appointment, of an offence relating to the ethics of professional conduct, or any other offence relating to honour and general 4 Act, No. 12/2004. 374 conduct, and the Council is of opinion that the same is inconsistent with the prestige of the profession. Dissolution of the Council 5 8. The Council of Ministers, whenever public interest and good process of the Council’s business require, and upon recommendation of the Competent Minister, after consultation with the competent bodies, may decide to resolve the Council; and in this case, the Competent Minister shall temporarily assume the powers and responsibilities of the Council, provided for in this Act, pending constitution of the new Council; provided that the same shall be in a maximum period of three months, as of the date of the decision of dissolution of the Council. Remunerations of the Chairperson of the Council, his Deputy and members 6 8A. The Council of Ministers, upon recommendation of the Competent Minister, shall specify the remunerations of the Chairperson of the Council, his deputy and members. Resignation of the Chairperson and members 9. (1) Every one of the members mentioned hereinafter, may present his resignation from his office as a member of the Council; provided that such resignation shall be under a letter therefrom to the designation shown against each of them, as follows: (a) the Chairperson, to the Council; (b) the Deputy Chairperson, to the Council; 5 Ibid. 6 Act, No. 12/2004. 375 (c) the members, to the Chairperson. (2) Resignation shall not be effective in respect of the:-7 (a) Chairperson, unless assented to by the Competent Minister; (b) Deputy Chairperson, unless accepted by the Council. Release from membership 10. (1) The Council may release any member from his office, in any of the following cases: (a) his tardiness, without permission or acceptable excuse, from the Council for six consecutive periodic meetings; (b) loss by him of any of the membership conditions set out in section 7. (2) The office of a member shall fall vacant for any of the following reasons: (a) resignation; (b) non fulfillment of any of the conditions of membership; (c) release from membership; (d) striking off of name from the register; (e) expiry of membership; (f) death. Filling of vacant seats 11. (1) Where the office of any member falls vacant for any of the reasons mentioned in section 10 (2), it shall be filled in the nearest possible opportunity, unless the term remaining for the Council is less than six months, hence, in this case, the office shall not be filled save after the expiry of the ordinary term. 7 Ibid. 376 (2) Vacation of office in pursuance of section 10 (2) shall have no effect, when the Council is exercising any of its powers, where more than half of the offices thereof, at least, are occupied.8 Term of session of the Council 9 12. The term of session of the Council shall be four years commencing as of the date of the constitution thereof, and the Competent Minister may extend the session for a term not exceeding six months, whenever he deems the same necessary. Functions and powers of the Council 10 13. (1) The Council shall be competent to lay down the general policies therefor, ratify the same and supervise the technical and administrative business thereof; and without prejudice to the generality of the foregoing, the Council shall have the following functions and powers, to: (a) organize the profession of veterinary medicine, develop the same and monitor the practice thereof, at the optimal aspect; (b) specify the qualifications required for registration, in accordance with such regulations as the Council nay make; (c) coordinate with the higher education and scientific research authorities, in respect of curricula and methods of study in veterinary faculties; (d) strike off the name of any medic from the register, or re-register him, in accordance with such cases as the regulations may specify; 8 Act No. 12/2004. 9 Ibid. 10 Act No. 12/2004; the Miscellaneous Amendments Act No. (1), 2006; Act No. 40/1974. 377 (e) conduct tests, or lay down conditions for any applicant for registration who has does not possess the required qualifications, and register him, where he passes such tests or fulfills such conditions; (f) enquire into whatever comes to its knowledge, of contraventions which have been committed against the professional or public conduct, as may be contrary to the profession prestige, to take the necessary procedure in respect thereof, in coordination with the competent bodies; (g) take the appropriate procedure against any veterinarian who has been convicted before any court of any offence concerning honour, or such wherein there is egress from public conduct, which is inconsistent with the professional conduct; (h) consider any application submitted thereto by the Registrar under the provisions of section 16 (d), to take the suitable decision in respect thereof; (i) levy and specify fees; (j) conclude the contracts necessary for carrying out its business; (k) acquire real estates and movables, for performing the business thereof; (l) dispose of its property by sale, rent out, mortgage or otherwise of other lawful disposals, with the exception of such real estates which require the obtaining assent of the Council of Minister upon disposal thereof; (m) establish the necessary organs assisting thereto, and lay down the jobs and organizational structure, in accordance with the budget ratified thereto, for the purpose of enabling it to perform its duties, execute its functions and exercise its powers; 378 (n) submit to the Minister, periodical quarterly reports, on its business and activities; and the Competent Minister may, at any time, request any information or additional reports concerning the activity and business of the Council; (o) assent to the annual budget which is proposed by the Registrar, and submit the same to the Competent Minister for approval thereof; (p) discipline any of the veterinarians who refuses to appear before it, or before its Chairperson, his deputy or assistants, or any of the committees thereof; (q) evaluate the certificates of graduates of veterinary and animal production faculties, and veterinary science and animal production technicians. (2) The Council may delegate any of its powers provided for in sub-section (1) to its Chairperson, Deputy Chairperson or the Registrar or to any member or committee, in accordance with such conditions and safeguards as it may lay down. (3) The Council may make internal regulations for the organization of its business. (4) The Council of Ministers shall specify the terms of service of the employees of the Council, upon recommendation of the Competent Minister, Minister of Finance and National Economy, Minister of Labour, Public Service and Human Resources Development and the Higher wages Council. 379 Committees of the Council 14. (1) Without prejudice to the Council's powers in constituting any committees, it deems necessary to assist it in performing its duties, executing its function and exercising its powers, the Council shall have the power to constitute permanent committees, as follows: 11 (a) complaints and professional conduct; (b) veterinary education, animal production, fisheries, technology and other categories for the evaluation of certificates. (c) finance. (2) The Council may constitute, from amongst its members, ad hoc committees for specific purposes, and such committees shall cease to exist upon termination of the task thereof. (3) Any committee may comprise in the membership thereof, any veterinarian from inside or outside the Council, or any suitable person, to attend specific sittings of the sittings of such committee, and participate in the discussion of any subject, without having the right to vote. (4) The regulations shall specify the functions, membership, way of formation and procedure of the permanent committees. CHAPTER III The General Secretary, Registrar and his Deputy 12 Appointment of the Registrar and his Deputy 15. Repealed. 13 11 Act No. 12/2004 . 12 Act No. 12/2004 . 13 Ibid. 380 Appointment of the General Secretary, Registrar and his Deputy 14 15A. (1) The Council shall have a fulltime General Secretary to be appointed by the Council of Ministers, upon recommendation of the Competent Minister; provided that the decision shall specify his emoluments, after recommendation of the Minister of Finance and National economy, Minister of Labour, Public Service and Human Resources Development and the Higher Wages Council, to perform the duties, execute functions and exercise powers provided for in this Act. (2) The Council shall appoint the Registrar and his Deputy, whenever necessity so requires. Duties of the General Secretary 15 15B. (1) The General Secretary shall: (a) attend all sittings of the Council, and the committees as the Council may form, in accordance with the provisions of this Act and regulations made thereunder; (b) supervise the recording of the actualities of meetings of the Council and committees, as well as supervise the distribution thereof to the members, together with keeping a copy thereof at the Council, for reference whenever necessity so requires; (c) supervise all the financial and administrative matters in the Council, together with monitoring good performance therein, in accordance with the policies and directions of the Council; 14 Act No. 12/2004; the Miscellaneous Amendments No. (1) Act, 2006; Act No. 40/1974. 15 Act No. 12/2004 . 381 (d) prepare the annual budget proposal, and submit the same to the Council; (e) organize the procedure of calling and convening of the Council, together with keeping registers pertaining to correspondences of the Council; (f) prepare an annual report in December of every year, on the business of the Council for the ending year, to be, after validation thereof by the Council, a reference for the business of the Council, and sent a copy thereof to the Competent Minster and all the bodies represented at the Council; (g) supervise the business of the Registrar, and exercise the business thereof provided for in section16, in case of non-appointment of the same. Duties, functions and powers of the Registrar 16 16. the Registrar shall perform his duties and exercise his powers under supervision of the General Secretary, and shall have therefor to: (a) prepare of a register of all persons, eligible for registration, in accordance with the provisions of this Act, who actually exercise the profession of veterinary medicine, graduates of animal productions, animal productions technicians or veterinary science technicians; (b) establish and keep register for all academic institutions recognized by the Council; (c) record on the application the name of every person, his address and details of his qualifications in the Sudan, after: 16 Act No. 12/2004 . 382 (i) depositing at the Registrar the required qualifications; (ii) proving that he has not been struck off of the register; (iii) paying the prescribed fees; (d) table before the Council, in any meeting thereof, any application not fulfilling the registration conditions; (e) record in the suitable register the address of each one of the veterinarians and animal production or veterinary science technicians registered thereat , by virtue of the provisions of this Act, and modify such address, where a notification in this respect has reached him from the said veterinarian; (f) strike off the name of any veterinarian, animal production graduate, animal production technician or veterinary science technician, fro the register, where the Council has issued its decision thereabout, pursuant to the provisions of section 13 (1) (d), and send to all competent bodies , as soon as possible, a copy of such decision; (g) reinstate to the register the name of any veterinarian, animal production graduate, animal production technician or veterinary science technician, a decision of reinstatement of whom has been issued by the Council, in accordance with the provisions of section 13 (1) (d); (h) notify the Council of the name of any veterinarian animal production graduate, animal production technician or veterinary science technician, who dies, for the purpose of lifting his name from the register; (i) publish annually in the Gazette, or otherwise, after the first day of January, a list with the names of veterinarians, animal production graduates, animal production technicians and veterinary science 383 technicians, whose names are registered at that date, and their qualifications and addresses; and such list, or a copy thereof, shall be an instrument admissible before any court, to the effect that any person whose name is recorded in such list is a veterinarian, animal production graduate, animal production technician or veterinary science technician, or has been a veterinarian, animal production graduate, animal production technician or veterinary science technician, who is legally registered for the year in which such list is enforce; (j) register, after payment of the fees levied under the provisions of section 14 (1) (i), the details of any professional qualifications or merits obtained by such veterinarian, animal production graduate, animal production technician or veterinary science technician, since entering his name in the register. Registration 17. (1) No person shall perform any veterinary services, for fees or without fees, unless his name is registered in the registers pertaining to the names of the member veterinarians working in the same profession. (2) The Council shall issue the registers pertaining to recording names of veterinarians working in the field of the profession, as to the manner hereinafter shown, and keep the same; and the registers are: (a) the permanent register; (b) temporary register; (c) preliminary register; (d) any other registers, as it may deem necessary. 384 (3) The regulations, which the Council may make, shall specify such qualifications and conditions as may be necessary for entering in registers. Privileges of entering in registers 17 18. (1) Every one of the veterinarians shall be eligible to practice the profession after entering his name in the register, and the same is as follows: (a) the permanent register, which qualifies a veterinarian to practice the profession in veterinary fields, including: (i) possession of clinics, veterinary medicines stores and animal production centres; (ii) issue of medical certificates; (iii) subscription of therapy foe animals; (iv) issue medicaments tickets; (v) claiming such suitable fees, as the council may prescribe, upon conducting any of his veterinary business. (b) the preliminary register, which qualifies a recently graduated veterinarian to practice the veterinary profession, under supervision of a registered veterinarian, until he completes such period of training, as the regulations may specify; (c) the temporary register, which qualifies an alien veterinarian to practice the profession, with any body with which he contracts, and the Council may assent therefor, general practicing of the profession, in accordance with the public interest; 17 Act No. 12/2004 ; act No. 40/1974 . 385 (d) the permanent register for registering graduates of animal production and fisheries, and another permanent register for veterinary technicians, animal production technicians and any other categories, as the Council may declare. (2) No person shall be appointed in a job of veterinary, animal production graduate, animal production technician or veterinary science technician, in the public or private sector, unless he is registered in the Council’s registers. (3) Whoever has been registered in accordance with the provisions of this Act, shall take the oath in such form as may be approved by the Council, before practicing the profession, before the Council. Keeping registers and cogency of registration 19. (1) All the institutions, pharmacies and medicine stores, which employ veterinarians, shall abide by the following conditions: (a) that they shall keep more than one copy of the register, and any other supplements thereto; (b) that they shall not deal, save with the veterinarians registered in the register, or any supplements affiliated thereto, or where the veterinarian produces a certificate validated by the Council, proving his registration in the register. (2) The registers issued by the Council shall be deemed conclusive cogency to the effect that those registered therein, have been registered in accordance with the provisions of this Act. 386 Printing and publication of the register 20. The Registrar shall print and publish the register, at least every five years, or in accordance with the directions of the Council, after verifying that those registered therein are still alive. CHAPTER IV Financial Provisions Financial resources of the Council 18 21. (1) The financial resources of the Council shall be composed of the following: (a) such accreditations as may be allotted thereto by the State; (b) such fees as it may obtain in consideration of the services which it renders; (c) annual subscriptions of members registered in the register, according to such rates as the Council may specify; (d) funds its obtain by way of: (i) sale of the publications which it prints; (ii) loans, donations and gifts ; (iii) any other financial resources, as the Council may accept, upon assent of the Competent Minister. (2) The Council shall apply the Financial Procedure Act in force, and the regulations made thereunder. (3) For the purposes of this Act, the funds of the Council shall be deemed public funds. 18 Act No. 12/2004, Act No. 40/1974. 387 Accounts, books and registers kept 22. The Council shall keep correct and comprehensive accounts of its business, in accordance with sound accountancy bases, and keep books and registers relating thereto. Audit 23. The National Audit Chamber, or whoever he may delegate, shall audit the Council’s accounts, after the end of every fiscal year.19 Statement of final account and National audit Chamber’s report 24. The General Secretary shall annually submit to the Council, in a term not exceeding six months of the end of the fiscal year, a statement of final account, accompanied with any report of the National Audit Chamber in this respect; and the Council shall, on its part, submit a copy of the said statement and report to the Council of Ministers.20 CHAPTER V Complaints, Contraventions and Penalties Complaints 25. (1) Every person aggrieved of any acts committed in contravention of this Act, may submit a complaint to the Council, for enquiring therein and then taking the suitable procedure in respect thereof. 19 Act No. 40/1974. 20 Act No. 12/2004, Act No. 40/1974. 388 (2) Every veterinarian, animal production graduate or veterinary or animal production technician or technical, whose name has been denied registration in the register, or a decision from the Council has been issued striking off his name from any of those registers, may appeal to the Competent Minister, who may constitute a technical committee to consider the appeal and submit its recommendations to him, and his decision shall be final; provided that the complainant may resort to justice, if he fulfills the procedure provided for in this section.21 Sanctions 26. (1) There shall be deemed to have committed a contravention, and shall be disciplined in accordance with the provisions of section 13 (1) (p), any of the veterinarians who refuse to abide by the summon issued thereto. (2) Every veterinarian who commits the contravention provided for in sub section (1), shall be punished with any of the following sanctions: (a) drawing of attention; (b) reprimand; (c) warning, for a period not exceeding one year; (d) suspending him temporarily from practicing the provisions; (e) striking off from the register. Offences and penalties 27. (1) Without prejudice to any provision in any other law, there shall be deemed an offence in accordance with the provisions of this Act, any of the following acts: 21 Act No. 12/2004. 389 (a) practicing veterinary profession: (i) without qualification; (ii) without being registered in the register; (b) furnishing any false statement with intent to use the same for entering in the register; (c) forgery in any of the documents, books, papers or otherwise which are relating to the register; (d) assist any person practicing veterinary profession in the Sudan, without being registered in the register. (f) harboring any person who practices veterinary profession in the Sudan without being entered into the Register. (2) Without prejudice to any provision in any other law, there shall be punished every person who contravenes the provisions of sub-section (1), with imprisonment for a term not exceeding one year, or with fine, or with both. CHAPTER VI Final Provisions Transitional provisions 28. (1) The employees in the current Council shall continue in service, and shall be inducted in service of the Council, which is to be established under the provisions of section 4 (1). (2) The funds and property of the current Council shall vest in the Council which is to be established by virtue of the provisions of section 4 (1). Power to make regulations, rules and orders 390 29. The Council may make such regulations, rules and orders as may be necessary for implementation of the provisions of this Act; and without prejudice to the generality of the foregoing, such regulations, rules and orders may provide for the following:- 22 (a) rules and ethics of professional conduct; (b) patterns of registers and other documents; (c) rule of organizing registers, and entering therein; (d) qualifications, training terms, tests, examinations and conditions required for registration; (e) procedure of considering complaints; (f) rules of curbing the procedure of the Council, regulating the process thereof and discipline of work; (g) levying and specification of fees on services which are performed by the Council; (h) remunerations of consultants and officials working with them; (i) registration tests for animal production graduates and technicians; (j) annual subscription of the members registered in the register, according to such rates as may be specified by the Council. 22 Act No. 12/2004 . 391 THE SCHEDULE See section 5 (3) The Veterinary Council’s Oath I-------------------------------, in my designation-----------------------, swear by Almighty God that I will perform the tasks assigned to me under the Veterinary Council Act, 1995, and strive to implement the same with all devotion and sincerity, conserve the secrecy of business, deliberations and recommendations of the Council, and exert my utmost efforts for the development and promotion of this Council, as far as I could. May God be witness to my uttering.