THE VETERINARY ACT, 2003
ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title and commencement.
2. Interpretation.
PART II
ESTABLISHMENT OF THE COUNCIL
3. Establishment of the Council.
4. Composition of the Council.
5. Functions and powers of the Council.
6. Establishment of Committees.
7. The Secretariat of the Council.
8. Appointment of the Registrar and the Deputy Registrar.
9. Functions of the Registrar and Deputy Registrar.
10. Appointment and functions of Assistants Registrar.
11. Appointment, duties and powers of Inspectors.
12. Funds and resources of the Council.
13. Remuneration.
14. Protection of members and staff of the Council.
PART III
REGISTRATION OF VETERINARIANS AND VETERINARY SPECIALISTS
15. Qualifications for registration of Veterinarian and Veterinary
Specialist.
16. Disqualifications for registration.
17. Procedure for registration.
18. Certificate of registration.
19. Privileges and use of title.
2 No. 16 Veterinary 2003
20. Registration for Veterinarians or Veterinary Specialists qualified
outside Tanzania.
21. Temporary registration.
22. Registers for Veterinarians and Veterinary Specialists.
23. Retention in the Register.
24. Publication of Veterinarians and Veterinary Specialists.
25. Cancellation or suspension of certificates.
26. Procedure for cancellation or suspension.
27. Re-registration of Veterinarians and Veterinary Specialists.
PART IV
ENROLMENT OF PARAPROFESSIONALS AND ENLISTMENT OF
PARAPROFESSIONAL ASSISTANTS
28. Requirements for enrolment and enlistment.
29. Qualification for enrolment and enlistment.
30. Procedure for enrolment and enlistment.
31. Issuance of certificate of enrolment or enlistment.
32. Restriction in veterinary practice.
33. Maintenance of Rolls and Lists.
34. Cancellation or suspension of certificate of enrolment or enlistment.
35. Re-enrolment and re-enlistment.
36. Publication of Paraprofessional and Paraprofessional Assistants.
37. Retention in the Roll or List.
PART V
REGISTRATION OF VETERINARY PRACTICE FACILITIES
38. Registration of Veterinary practice facilities.
39. Procedure for registration.
40. Register of Veterinary practice facilities.
41. Cancellation of certificate of registration.
PART VI
GENERAL PROVISIONS ON VETERINARY PRACTICE AND MANAGEMENT
OF COMPLAINTS
42. Practice, ethics and conduct.
43. Prohibition of practice by unauthorized person.
44. Exemptions.
45. Investigations of complaints.
46. Decision of the Council.
No. 16 Veterinary 2003 3
PART VII
MISCELLANEOUS PROVISIONS
47. Appeals.
48. Offences related to unauthorized practice.
49. Offences related to professional misconduct.
50. Offences related to fraud.
51. Repeal and transition.
52. Power to make regulations.
SCHEDULE
6 No. 16 Veterinary 2003
''Association'' means the Tanzania Veterinary Association or any
association for the time being responsible for the welfare of
Veterinarians, Paraprofessional and Paraprofessional Assistants;
''Chairman'' means the Chairman of the Council;
"Committee" means the Committee established by the Council under
section 6;
''Council'' means the Veterinary Council of Tanzania established under
section 3;
''Deputy Registrar'' means the Deputy Registrar of the Council appointed
under section 8;
''Director'' means the Director responsible for Veterinary services in the
Ministry responsible for livestock;
''enlisted'' means listed in the List as a Paraprofessional Assistant;
''enrolled'' means enrolled in the Roll as a Paraprofessional;
''facility'' includes any established premise, structure or ambulatory
service where any animal is attended;
''Inspector'' means a person appointed to be an inspector under section
11;
''List'' means a List of Paraprofessional Assistants kept by the Registrar
in accordance with this Act;
''livestock'' means any domesticated animal and includes cattle, water
buffalo, sheep, goats, pigs, dogs, cats, donkeys, horses, camels,
rabbits, guinea pigs and poultry;
''member'' means a member of the Council, or committee established
under this Act;
''Minister'' means the Minister responsible for livestock;
''Paraprofessional'' means any person enrolled as paraprofessional
under this Act;
''Paraprofessional Assistant'' means any person enlisted as
Paraprofessional Assistant under this Act;
''practice'' means in case of veterinary medicine the diagnoses,
prognoses, treatment, administering to, prescribing for, operations
on, manipulations of appliances or any apparatus or appliance for
any disease, pain, deformity, defect, injury, wound or physical or
mental condition of any animal or for the prevention of, or to test for
the presence of any disease of any animal and includes acts related
to statutory or compliance functions, and of persons representing
themselves as engaged in the practice of veterinary medicine or uses
of any words, letters or titles in such connection and under such
circumstances as to induce the belief that the person using them is
No. 16 Veterinary 2003 7
engaged in the practice of veterinary medicine in any of its branches as
defined by this Act;
''private practice'' means any practice for hire, gain, fee, compensation
or reward received, promised, offered, expected, or accepted, directly
or indirectly, by the person rendering the service from the person
requesting or receiving the service for an animal;
''Register'' means a register for registered Veterinarians and Veterinary
specialists and includes a register for veterinary practice facilities;
''Registrar'' means the Registrar of the Council appointed under section
8 of this Act;
''Roll'' means a Roll of enrollment of Paraprofessionals kept by the Registrar
in accordance with this Act;
''Veterinarian'' means any person who has been awarded a degree in
Veterinary Medicine or its equivalent from a veterinary institution
recognized by the Council;
''veterinary specialist'' means a veterinarian who has received a postgraduate
or specialized qualifications and with exceptionally high
level of skill that is well above that of a practitioner in the discipline
of specialization.
PART II
ESTABLISHMENT OF THE COUNCIL
Establish- 3.- (1) There is hereby established a Council to be known as the
ment of Veterinary Council of Tanzania.
the (2) The Council shall be a body corporate and shall - Council
(a) have perpetual succession and a common seal;
(b) in its corporate name be capable of purchase, acquire, transfer
and lease movable or immovable property;
(c) sue and be sued and have all the rights and privileges of a
natural person;
(d) collect, spend and invest funds;
(e) enter into contracts and agreements; and
(f) have power to borrow such sums as it may require for its
purpose.
Composi- 4.-(l) The Schedule to this Act shall have effect as to appointment of
tion of
the
Council
members of the Council, constitution, procedures and other matters relating
to the Council.
8 No. 16 Veterinary 2003
(2) The Minister may on the advice of the Council and by an order
published in the Gazette, amend , vary or replace all or any of the
provisions of the Schedule.
5.-(l) The Council shall be the sole authority for - Functions
and (a) effecting registration, enrolment and enlistment under this Act; powers
(b) monitoring the performance of veterinarians Veterinary of the
specialists, Paraprofessionals and Paraprofessionals
Assistants;
Council
(2) Without prejudice to the generality of subsection (1), the functions
of the Council shall include to -
(a) register Veterinarians, Veterinary Specialists and veterinary
practice facilities, enrol Paraprofessionals and enlist
Paraprofessional Assistants pursuant to this Act;
(b) advise and make recommendations to the Minister on any
matters relating to veterinary practice;
(c) regulate veterinary practice;
(d) recognize qualifications, training facilities, training institutions
and colleges; and
(e) collaborate with other relevant institutions or bodies in
accrediting courses of training curriculum which provide
qualifications for registrations of Veterinarians. Veterinary
Specialists, enrolment of Paraprofessional and enlistment of
Paraprofessional Assistants;
(f) determine the minimum standards for-
(i) veterinary practice facilities under this Act;
(ii) conduct scope of practice activities by Veterinarians,
Veterinary specialists, Paraprofessionals and
Paraprofessional Assistants under this Act; and
(iii) training proficiency required for degree, diploma,
certificates or any other award entitling the holders thereof
to practice;
(g) exercise effective disciplinary control over the professional
ethics and conduct of veterinary practice;
(h) promote and encourage educational advancement with regard
to the practice of the veterinary profession;
No. 16 Veterinary 2003 9
(i) provide information and education as regards to the veterinary
profession;
(j) facilitate collaborations among persons and organizations
relating to veterinary practice in order to enhance dignity and
integrity of the veterinary profession;
(k) initiate and provide advice to the body for the time being
responsible for regulating the use of veterinary pharmaceutical
drugs and poisons;
(l) arrange and conduct qualifying examinations to establish
competence in veterinary education and practice; and
(m) perform such other functions as may be required under this
Act.
6.-(1) The Council may, for the purpose of performing its functions,
establish such number of Committees to perform specific functions as
may be determined by the Council.
Establishment
of
Commit-
(2) The Committees of the Council to be established under subsection
(1) shall include but not limited totees
(a) the Registration and Examination Committee;
(b) the Disciplinary Committee;
(c) the Practice and Facilities Monitoring Committee; and
(d) the Pharmaceuticals and Biologicals Advisory Committee.
(3) Each Committee established by the Council under this section
shall be composed of a Chairman and not more than five other members
to be appointed by the Council.
(4) The Council shall, by guidelines, determine terms and conditions
for committees and regulate procedures to be observed by the committees
in the performance of their respective functions.
7.-(l) There shall be a Secretariat of the Council which shall consist
of the Registrar, Deputy Registrar, Assistant Registrars, technical
personnel and such other staff of the Council as may be determined by
the Council.
The
Secretariat
of
the
Council
(2) Members of the Secretariat and other staff of the Council shall
be employees of the Government appointed to perform the functions of
the Council.
10 No. 16 Veterinary 2003
(3) The Council may co-opt members from the private practice
facility to perform the functions of the Council under this section.
8. The Minister shall, after consultation with the Council appoint
from amongst veterinarians in the public service, the Registrar and Deputy
Registrar of the Council.
Appointment
of
the
Registrar
and the
Deputy
Registrar
9.-(1) The Registrar shall- Func(
a) be the Secretary to the Council; and Head of the Secretariat; tions of the
(b) keep and maintain - Registrar
(i) registers in respect of Veterinarians, Veterinary Special- and Deputy ists and veterinary practice facilities; Registrar
(ii) rolls in respect of Paraprofessionals; and
(iii) lists in respect of Paraprofessional Assistants; as may be
directed by the Council;
(c) be responsible to the Council for the administration and management
of its affairs; and
(d) perform such other duties as may be directed by the Council.
(2) Where the Registrar is absent or unable to carry out any of his
functions under this Act, the Deputy Registrar shall exercise such fanctions.
(3) The Deputy Registrar shall assist the Registrar of the Council and
shall perform such other duties as may be directed by the Council or the
Registrar.
(4) Where the Registrar and Deputy Registrar are both absent, any
other officer of the Council shall carry out the functions of the Registrar
in his behalf as the Chairman of the Council may in writing designate.
10. The Council shall for each district appoint a registered
Veterinarian to be Assistant Registrar who shall perform specific duties
as may be delegated to him by the Registrar.
Appointment
and
functions
of
Assistants
Registrar
No. 16 Veterinary 2003 11
11.-(1) The Minister shall, upon recommendation of the Council and
by notice published in the Gazette, appoint from amongst registered
veterinarian such number of persons to be Inspectors under this Act.
Appointment,
duties
and
powers of (2) Duties of an Inspector appointed under subsection (1) shall
Inspec- include:
tors (a) to inspect veterinary practice facility or facilities in his area
of operation;
(b) to examine or inspect any certificate of registration,
enrolment or enlistment, licences, books, electronic information,
storage system or other related document in the premises and
he may take extracts from documents which may be necessary
to effect the examination or inspection;
(c) to provide advice to occupiers or operators of the facility on
the management of the veterinary practice facility;
(d) to prepare inspection reports for submission to the Council;
(e) to do such other things as may be required or directed by the
Council.
(3) The Inspector shall in the performance of his duties under
subsection (2) have powers -
(a) to enter and inspect any premises suspected to be used as the
veterinary practice facility;
(b) to require the owner or operator of the veterinary practice
facility or premises to observe and maintain good condition
or established standards of the veterinary practice facility;
(c) to issue prohibition notice to owners or operators of veterinary
practice facilities who operate in contravention of
prescribed procedures or standards;
(d) to seize and detain any drugs, equipment, record, or any other
thing which appear to him to constitute or contain evidence of
contravention of this Act; and
(e) to inquire into any matter regarding animal disease or animal
health within his area of jurisdiction.
12.-(1) Funds and resources of the Council shall include -
Funds
and (a) such sums as may be apportioned by the National Assembly
resources for the purpose of the Council;
of the (b) all fees payable under this Act;
Council (c) such donations, grants, bequeaths, and loans as the Council
may from time to time receive from any person or institution;
12 No. 16 Veterinary 2003
(d) proceeds derived from sale of Council's property; and
(e) any other source of income identified by the Minister or
Council and legally obtained.
(2) The funds and resources of the Council shall be applied for the
purposes for which the Council is established and in accordance with
the directions of the Council.
(3) The Council shall -
(a) keep proper accounts and other records relating the funds and
resources;
(b) within three months after the end of each financial year, cause
such accounts to be audited by a recognized auditing authority
appointed for such purposes by the Council; and
(c) prepare and publish an annual report which shall contain -
(i) estimates of income and expenditure of the Council for
the year stated in the report;
(ii) an account of operations of the Council during the year
for which the report was prepared;
(iii) an audited accounts; and
(iv) such other information or matters as may be required.
(4) Audited financial statements of the Council and the auditor
reports, shall be forwarded to the Minister, who shall as soon as may be
practicable lay the reports before the National Assembly.
13. Members of the Council, Committees, the Secretariat and other Remustaff
of the Council shall be paid from the funds of the Council allowances
at such rates as may be determined by the Council upon the approval of
neration
the Minister.
14. No matter or thing done by any member of the Council or Protec-
Committee or any other person empowered to perform any function tion of
members under this Act shall, if done in good faith in execution or purported of the
execution of his functions under this Act, render the member or any Council
other authorized person personally liable for the matter or thing done. Committees
and
other
PART III staff
REGISTRATION OF VETERINARIANS AND VETERINARY SPECIALISTS
15.-(1) A person shall be required to register with the Council upon Qualifipayment
of prescribed fee before practicing as a veterinarian if - cations for
(a) in the case of veterinarian the person has been awarded a registraveterinary
degree recognized by the Council; or tion of veterinarian
or
veterinary
specialist
No. 16 Veterinary
(b) in the case of Veterinary Specialist the person holds qualifications
which entitles him to be recognized as a Veterinary
Specialist under this Act.
(2) The Council shall prescribe the manner and procedure in which
a qualified Veterinary Specialist shall be ascertained before being registered
under this Act.
Disquali- 16. A person may not qualify for registration if.-
fication for (a) the applicant has been found guilty of an offence where
ability or credibility of the applicant to practice is likely to
be affected;
registration
(b) in the opinion of the Council, the applicant is unfit to be
registered because of mental impairment which significantly
impairs ability to practice;
(c) the Council proves that his degree or the document presented
for registration has been obtained by fraud or misrepresentation;
or
(d) the qualifications upon which the applicant relied for registration
has been withdrawn by the Council.
17.-(l) A person who wishes to obtain registration under this Part,
shall submit an application in the prescribed form to the Registrar.
Procedure
for
registra-
tion (2) An application under subsection (1) shall be accompanied by -
(a) a certified copy or copies of certificates for academic qualifications
of the applicant; and
(b) an application fee as may be prescribed in the Regulations.
(3) The Registrar shall, after receiving an application, refer the application
together with his recommendations to the Council for consideration
and determination.
(4) The Council may, after consideration of the matter-
(a) approve the application and direct the Registrar to register
the applicant; or
(b) reject an application and direct the Registrar to inform the
applicant accordingly stating the reasons for the Council's
decision.
2003 13
14 No. 16 Veterinary 2003
18.-(1) The Registrar shall, immediately after effecting registration
under this Act, issue to every registered Veterinarian or Veterinary
Specialist a certificate of registration upon payment of prescribed fee.
Certificate
of
registration
(2) The certificate of registration shall contain -
(a) full names and address of the applicant;
(b) his academic qualifications and title; and
(c) such terms and conditions in respect of which a certificate is
issued.
19.- (1) A person registered under this Act as a Veterinarian or
Veterinary Specialist shall be entitled -
Privileges
and use
of titles (a) to take or use the title and description of Veterinary
profession according to the title indicated on the certificate
of registration and shall not be allowed to take or use or affix
to or use in connection with his facility any title or description
other than that of registration;
(b) to practice a veterinary profession and demand, sue for and
recover in any court of law reasonable charges for
professional services, aid, advice and visits, and the value of
any medicine, or veterinary appliance supplied by him and
sign certificates or prescriptions or other documents required
to be signed by a duly qualified Veterinarian or Veterinary
Specialist.
(2) No person shall be entitled to recover therefore any charges for
veterinary professional advice given or visit made, or for the value of
any medicine or appliance supplied pursuant to this Act, if at the time
when such service or advice was given or visit made or such medicine or
appliance was supplied, the person was not duly registered.
20.-(1) Foreigners and Tanzanian citizens who qualified as Registra-
Veterinarians or Veterinary Specialists outside Tanzania shall, upon tion of
payment of prescribed fees sit for and pass an examination before their veterinarregistration
by the Council. ians or
veterinary
(2) The Council may, if the applicant fails the examination under
subsection (1), provide the last opportunity for the applicant to resit the
examination.
specialist
qualified
outside
Tanzania
No. 16 Veterinary 2003 15
21. The Council shall have power to grant temporary registration to a
foreign Veterinarian or Veterinary Specialist who holds qualifications
allowing him to practice for a specific period as may be determined by
the Council.
Temporary
Registration
22.-(1) The Council shall cause to be kept and maintained a Register
of all Veterinarians and Veterinary Specialists to whom the Council has
granted registration under this Act.
Registers
for
Veterinarians
and (2) The Register shall contain -
Veteri- (a) full names and address of veterinarians or veterinary special- nary Specialists
ists;
(b) particulars of registration including -
(i) date of registration and number of certificate issued;
(ii) academic qualifications;
(iii) name of institution where qualification was obtained;
(iv) date of obtaining the qualification; and
(v) any other personal particulars, as may be determined by
the Council.
(3) The Council may from time to time and upon payment of
prescribed fee, make any alteration or correction in relation to any
change in the contents of the Register, regarding particulars of a
registered person.
(4) The changes in the Register, under subsection (3) may include-
(a) removal of the name of a deceased person;
(b) change of a name that has been legally changed through
marriage or otherwise;
(c) change of particulars of registration of a person;
(d) removal therefrom any entry which has been incorrectly or
fraudulently made;
(e) consent of the person concerned or the opinion of the Council
to remove the name of a person who has ceased to or never
commenced to practice in Tanzania as a Veterinarian, or
Veterinary Specialist;
(f) removal of the name of any person or veterinary practice
facility, which has ceased to retain the registration or for a
period of one year; and
(g) any other change as may be required.
16 No. 16 Veterinary 2003
23.-(1) Every registered Veterinarian or Veterinary Specialist shall
retain his registration through annual renewal.
Retention
in the
Register
(2) An application for renewal for retention of registration shall be
made to the Council in a prescribed manner before expiration of existing
certificate and shall be accompanied by a prescribed renewal fee.
(3) Where a registered Veterinarian or Veterinary Specialist fails to
apply for retention before the expiration of the existing certificate of
registration, the Council may renew the registration if the application is
made within six months after the end of the expiry period.
(4) Where at the end of that period of six months, a registered
Veterinarian or Veterinary Specialist has not renewed his registration,
the Council shall suspend the registration for one year, and if after a
year the Veterinary or Veterinary Specialist fails to renew the registration,
then the Council shall subject to section 27 cancel the registration and
remove person's name from the Register.
24.- The Minister shall, on the advice of the Council and by notice in
the Gazette, publish the names, academic qualifications and address of
all Veterinarians and Veterinary Specialists registered under this Act.
Publication
of
Veterinarians
and
Veterinary
Specialists
25.- The Council may subject to section 26 and if it is satisfied that
the terms and conditions of registration have been violated -
Cancellation
or
suspen-
(a) cancel or suspend the certificate of registration; and sion of
(b) direct the Registrar - certifi(
i) to notify the Veterinarian or Veterinary Specialist whose cates
certificate has been cancelled requiring him to stop
practising, and
(ii) to remove the name of the Veterinarian or Veterinary
Specialist whose certificate has been cancelled from the
Register.
26.-(1) Where the Veterinarian or Veterinary Specialist is in violation
of the terms and conditions of his registration, the Registrar shall, on the
direction of the Council, serve on the Veterinarian or Veterinary Specialist
a notice in writing specifying the nature of default.
Procedure
for
Cancellation
or
Suspension
No. 16 Veterinary 2003 17
(2) Upon receipt of the notice under subsection (1), the Veterinarian
or Veterinary Specialist shall make representation in writing to the
Registrar on the rectification of the default.
(3) Where the Veterinarian or Veterinary Specialist fails to rectify
the default within the time specified in the notice or fails to make
representation satisfactory to the Registrar, the Registrar shall recommend
to the Council for cancellation or suspension of the Certificate of
registration.
(4) The Council shall, if it is satisfied with the recommendations
made under subsection (3), direct the Registrar to cancel or suspend the
Certificate of registration.
27.-(1) A Veterinarian or a Veterinary Specialist whose certificate
of registration has been cancelled or suspended shall be required to apply
for reinstatement of his registration to the Registrar within the period of
two years from the date of cancellation or suspension.
Reregistra-
Lion of
Veterinarians
or
(2) Where the Veterinarian or Veterinary Specialist fails without good
cause to submit an application for re-registration within the period of
two years, the Council may direct that such Veterinarian or Veterinary
Specialist be reinstated in the register after passing an examination or
paying a penalty fee as may be determined by the Council.
Veterinary
Specialists
PART IV
ENROLMENT OF PARAPROFESSIONALS AND ENLISTMENT OF
PARAPROFESSIONAL ASSISTANTS
28. Any person who wishes to practice as a Paraprofessional or
Paraprofessional Assistant shall before practicing as such be required in
case to enrol or as the case may be to enlist with the Council.
Requirement
for
enrolment
and
enlistment
Qualifica- 29.-(l) A person shalltion
for
enrolment (a) enrol with the Council to practice as a Paraprofessional if the and person has been awarded a diploma in animal health
recognized by the Council; or
enlistment
18 No. 16 Veterinary 2003
(b) enlist with the Council to practice as the Paraprofessional
Assistant if the person has been awarded an animal health
certificate recognized by the Council.
(2) The Minister may on the recommendation of the Council and by
notice published in the Gazette specify other certificates or qualifications
which shall entitle the holders thereof for enrollment and enlistment
under this Act.
30.-(1) A person who desires to enroll as the Paraprofessional or to
enlist as the Paraprofessional Assistant shall submit his application in
the prescribed form to the Registrar.
Procedure
for
enrolment
or
(2) An application form under subsection (1) shall contain such enlistparticulars
as may be determined by the Council and shall be accompanied
by -
ment
(a) a certified copy or copies of certificate for academic
qualifications of the applicant; and
(b) enrolment or enlistment fee as may be prescribed.
31.-(1) The Registrar shall on the directive of the Council and upon
payment of prescribed fee issue to every enrolled Paraprofessional and
enlisted Paraprofessional Assistant a certificate of enrolment or
enlistment as may be prescribed.
Issuance
of
certificate
of
enrolment
or
(2) A certificate to be issued under subsection (1) shall be signed by enlistthe
Chairman and the Registrar, and shall on production thereof in any
way be admissible as prima facie evidence of enrolment or enlistment
under this Act.
ment
(3) The Council shall in granting a certificate of enrolment or
enlistment to the Paraprofessional or Paraprofessional Assistant under
this Act, impose specific or general conditions to be observed by the
holder of the certificate.
(4) Where an application for enrolment or enlistment is not granted,
the Council shall direct the Registrar to notify the applicant in writing
stating the reasons for the Council decision.
32. A Paraprofessional or Paraprofessional Assistant enrolled or Restricenlisted
pursuant to this Act shall at all times practice under the tion in
veteri- supervision of a registered Veterinarian or Veterinary Specialist. nary
practice
No. 16 Veterinary 2003 19
33.-(1) The Council shall cause to be kept and maintained a Roll of
Paraprofessional and a List of a Paraprofessional Assistants to whom the
Council has granted enrolment or as the case may be enlistment under
this Act and the Role or List shall contain the following particulars-
Maintenance
of
Rolls and
Lists
(a) full name and address; and
(b) particulars of enlistment including -
(i) date of enlistment;
(ii) academic qualification;
(iii) a place where qualification was obtained;
(iv) date of obtaining the qualification; and
(v) such other particulars as may be determined by the
Council.
(2) The Council shall from time to time and upon payment of prescribed
fee make any alteration or correction in relation to any change
in the contents of the Roll or List, regarding particulars of enrolled or
enlisted persons.
(3) The changes in the Roll or List under subsection (2) may
include-
(a) removal of the name of a deceased person;
(b) change of a name that has been legally changed through
marriage or otherwise;
(c) change of particulars of enrolment or enlistment of a
person;
(d) removal there from any entry which has been incorrectly
or fraudulently made;
(e) removal of the name of a person who has ceased to or never
commenced to practice in Tanzania as Paraprofessional or
Para professional Assistant;
(f) removal of the name of any person which has ceased to retain
the enrolment or enlistment for a period of one year; or
(g) any other change as may be required.
34.-(1) Where the holder of the certificate of enrollment or enlistment
fails to observe the imposed conditions as required, the Council may
cancel or suspend the certificate of enrolment or enlistment granted to
him under section 31.
Cancellation
or
suspension
of
certificates
of
enrollment
or
enlistment
20 No. 16 Veterinary 2003
(2) The provisions of section 26 shall apply mutatis mutandis in
relation to the procedure for cancellation or suspension of the certificate
for enrolment or enlistment under this section.
35.-(1) Where a Certificate for enrolment and enlistment has been
cancelled or suspended under this section, a person whose certificate is
cancelled or suspended shall be required to apply to the Registrar for
reinstatement of enrolment or enlistment within a period of two years
from the date of cancellation or suspension of his certificate.
Reenrolment
and
reenlistment
(2) Where a Paraprofessional or Paraprofessional Assistant fails to
submit an application for reinstatement of enrolment or enlistment within
the period of two years as required under subsection (1), the Council
may order that such a person be reinstated in the Roll or List after passing
an examination or paying a penalty fee as may be determined by the
Council.
36.- The Registrar shall not later than 31st March of every year and Publicaat
such other times as may be determined by the Council, cause tion of
publication of names of enrolled or enlisted person under this Act in the pPraorfaes- official Gazette, and in other media. sional
and Para
professional
Assistants
37.-(l) Every enrolled Paraprofessional or enlisted Paraprofessional Retention
Assistant shall retain enrolment or enlistment through annual in the
Roll or
renewal whereby an application for renewal of retention of List
enrolment or enlistment shall be made to the Council in a prescribed
manner before expiration of existing certificate of enrolment or
enlistment and shall be accompanied by a renewal fee as may be
determined by the Council.
(2) Where the enrolled or enlisted person fails to apply for
retention before the end of the existing enrolment or enlistment period,
the Council may renew that enrolment or enlistment if the application is
made within six months after the end of the expiry period.
No. 16 Veterinary 2003 21
(3) Where at the end of the period of six months, the enrolled or
enlisted person has not renewed his enrolment or enlistment, the Council
shall suspend the enrolment or enlistment for one year and if after the
period of one year a Paraprofessional or Paraprofessional Assistant fails
to renew the enrolment or enlistment then, the Council shall subject to
section 34 cancel the enrolment or enlistment and order the removal of
the relevant person's name in the Roll or List.
PART V
REGISTRATION OF VETERINARY PRACTICE FACILITIES
38.-(1) Any person who owns a veterinary practice facility shall
before operating the facility be required to register the facility with the
Council and to fulfill requirements of prescribed standards upon which
the certificate of registration in respect of the facility shall be issued.
Registration
of
Veterinary
practice
facilities
(2) A holder of certificate of registration issued under subsection (1)
shall be entitled to operate the facility specified on the certificate of
registration after obtaining an operating permit from the Council.
(3) The certificate of registration and the operating permit issued under
this section shall be in the form as may be prescribed.
(4) A registered veterinary practice facility shall be run by a registered
Veterinarian or Veterinary Specialists who shall be obliged to observe
the code of conduct for veterinary practice as may be prescribed in the
Regulations to be made under this Act.
39.(1) A person who seeks registration of veterinary practice facility
under this Act shall submit an application in the prescribed form together
Procedure
for
registra- with prescribed application fee to the Registrar. tion of
(2) The Council shall before granting registration of the veterinary
practice facility, cause the facility to be inspected by the Inspection
Committee of the Council.
facility
(3) The Inspection Committee shall, inspect the premises of the
veterinary facility and prepare a brief report in respect of inspected facility
to be submitted to the Council.
22 No. 16 Veterinary 2003
(4) The Council may -
(a) if after due consideration of the report is satisfied that the
applicant has fulfilled all requirements, grant registration of
the veterinary practice facility and issue certificate of
registration in respect of registered facility; and
(b) reject an application and direct the Registrar to notify the
applicant in writing stating the reasons for the decision of the
Council.
40.-(1) There shall be kept and maintained a Register for registered
veterinary practice facilities under this Act.
Register
of
Veteri-
(2) The Register shall contain - nary
practice (a) the name and full address of the veterinary practice facility;
(b) name of the owner or operator of the facility; facilities
(c) the location of the facility;
d) registration number of the facility; and
(e) such other particulars as may be determined by the Council.
41.-(1) The Council shall, where a registered veterinary practice
facility is not managed or operated in accordance with prescribed
standards and procedures -
Cancellation
of
certificate
of
(a) cancel or suspend the certificate of registration in respect of registrathat
facility; and tion
(b) direct the Registrar to notify the operator or owner of the
facility requiring him to stop operating the facility.
(2) The provisions of section 27 shall apply mutatis mutandis in
relation to procedures for cancellation and suspension of certificate of
registration under this section.
PART VI
GENERAL PROVISIONS ON VETERINARY PRACTICE AND COMPLAINTS
42. Every registered Veterinarian, Veterinary Specialist, enrolled
Paraprofessional and enlisted Paraprofessional Assistant shall have the
obligation to conduct affairs of the profession with the highest degree of
honest, skill and integrity and shall be required to observe the code of
conduct and ethics prescribed pursuant to this Act.
Practice,
ethics
and
conduct
No. 16 Veterinary 2003 23
43. No person shall, practice, whether directly or by implication, as
a Veterinarian or Veterinary Specialist or Paraprofessional or Paraprofessional
Assistant unless he has obtained registration or enrollment
or enlistment under this Act.
Prohibition
of
practice
by
unauthorized
persons
44.-(1) The Minister may, by regulations and upon advice by the
Council-
Exernptions
(a) exempt any person or category of persons from the requirements
of section 43; and
(b) prescribe the procedure and manner in which the exempted
person or category of persons shall practice.
(2) Without prejudice to subsection (1), exemption from the requirement
of section 43 shall be granted in respect of -
(a) any treatment given to an animal by the owner thereof, by
any other member of a household of which the owner is a
member, or by a person in the regular employment of the
owner or of any other member of such household;
(b) anything done, otherwise than for reward, by a person engaged
or employed in fanning to an animal owned whether
by himself or another person for the purpose of livestock management
practice;
(c) anything done, in the rendering of first aid for the purpose of
saving life or relieving pain;
(d) the performance of all or any of the following operations -
(i) bloodless castration;
(ii) the tailing of a lamb;
(iii) the docking of the tail of a dog before its eyes are open;
(iv) the disbudding of a calf under the age of four weeks;
(v) earmarking an animal raised for human consumption; or
(vi) any minor treatment, test or operation as may be specified
by the Council from time to time.
45.- (1) Where a complaint is lodged to the Council against any
Veterinarian, Veterinary Specialist, or Paraprofessional or Paraprofessional
Assistant, the Council shall cause an investigation to be conducted
into such complaint by a Disciplinary Committee of the Council.
Investigations
of
COMplaints
24 No. 16 Veterinary 2003
(2) The Disciplinary Committee shall conduct a preliminary
investigation in a manner it sees fit and submit to the Council the
investigation report.
(3) The Disciplinary Committee may, in the process of investigation,
invite any person to provide expertise as may be required.
46.- (1) The Council may, upon receiving a report of preliminary Decision
investigation - of the
Council (a) direct that the matter shall not proceed further;
(b) that an inquiry Committee be appointed for conducting inquiry
into the matter;
(c) determine the means to deal with the complaint without
necessarily carrying out any detailed formal investigation or
inquiry.
(2) The Council shall, where it has decided to appoint an Inquiry
Committee to enquire into the complaint -
(a) serve a written notice by registered post on the Veterinarian
or Veterinary Specialist or Paraprofessional or
Paraprofessional Assistant concerned notifying him of the
date, time and place for the inquiry and nature of the
complaint;
(b) appoint an Inquiry Committee consisting of not more than
four persons being -
(i) one Veterinarian or Paraprofessional or Para- professional
Assistant;
(ii) one Veterinary Specialist in the area of investigation;
(ii) one lawyer; and
(iv) one person as may be determined by the Council.
(3) Where the Inquiry Committee finds that the Veterinarian, or
Veterinary Specialist or Paraprofessional or Paraprofessional Assistant
has engaged in any professional misconduct, it shall submit a report to
the Council with recommendations.
(4) The Council shall, after consideration of the inquiry report and
the recommendations thereof, determine the matter and may direct that
a person against whom the complaint was made -
(a) be reprimanded or fined;
No. 16 Veterinary 2003 25
(b) be suspended; or
(c) be removed from the Register, Roll or as the case may be
List.
(5) Notwithstanding the foregoing subsections, the Council shall have
the power to conduct an informal hearing into the professional misconduct
of a Veterinarian, Veterinary Specialist, Para professional or Para
professional Assistant without appointing an Inquiry Committee.
PART VII
MISCELLANEOUS PROVISIONS
47.-(1) Any person who is aggrieved by any decision of the Council
under this Act, may, at any time within three months after receiving the
notice of the decision of the Council, appeal to the Minister.
Appeals
(2) Where a decision of the Council for an offence makes it unlawful
for a person to practice or use any veterinary practice facility for purposes
of practicing, the person shall stop practising and shall not use the facility
for that purpose, and if any appeal is lodged, until the appeal is finally
determined.
48.-(1) Any person, who carries out any act that requires the services
of a registered Veterinarian or Veterinary Specialist or enrolled
paraprofessional or enlisted Paraprofessional Assistant, or practices the
veterinary profession, without obtaining registration, enrollment or
enlistment under this Act, commits an offence and shall be liable on
conviction to a fine of not less than five hundred thousand shillings and
not more than one million shillings or to imprisonment for a term not
exceeding one year or to both such fine and imprisonment.
Offences
related to
unauthopractice
(2) Any person, who operates a veterinary practice facility which is
not registered under this Act, commits an offence and shall be liable on
conviction to a fine not exceeding five hundred thousand shillings or to
imprisonment for a term not exceeding one year.
49.- (1) Any person, being a registered Veterinarian or Veterinary
Specialist, Paraprofessional or Paraprofessional Assistant, who-
Offences
related to
profes- sional (a) makes an advertisement that is, false, fraudulent, deceptive
miscon- or misleading and refers to secret methods of treatment and
duct violates by-law of advertisement; or
26 No. 16 Veterinary 2003
(b) makes untruthful or deceitful or misleading statements or
acts;
(c) conducts himself dishonestly or unfairly;
(d) uses unregistered, substandard, expired or counterfeit drugs;
or
(e) commits any acts tantamount to misconduct or misdemeanor;
(f) unethically signs or validates a certificate without actually
or physically inspecting the animal;
commits an offence of professional misconduct and may, upon
directions of the Council, be reprimanded or suspended or his name
struck off from the Register, Roll or as the case may be List.
(2) Where the Council gives a direction under subsection (1), the
Council shall cause notice of the direction to be signed by the Chairman
and served on the person to whom it relates.
50. Any person who - Offences
related to (a) makes false or misleading statement, whether verbally or in fraud
writing, procures for himself or any other person registration
or any certificate, receipt, approval or other document issued
under this Act;
(b) makes any unauthorized entry or addition or alteration in or
removal from a Register, which is kept in terms of this Act, or
an extract therefrom, or other document issued under this Act;
(c) destroys or damages or renders illegible any entry in a Register
kept in terms of this Act or, without the permission of the
holder thereof, a certificate, receipt, approval or other
document issued under this Act;
(d) forges or, knowing it to be forged, utters any document
purporting to be a certificate, receipt, approval or other
document issued in terms of this Act;
(e) impersonating any person registered or deemed to be
registered in terms of this Act;
(f) refuses or fails without lawful cause to be sworn having
appeared as a witness at an inquiry by the Council, or refuses
to make an affirmation or to answer any question or to produce
any book, document or record which he may lawfully be
required to answer or to produce;
No. 16 Veterinary 2003 27
(g) refuses or failing without lawful cause to appear, having been
duly summoned to appear, at an inquiry by the Council under
this Act;
(h) refuses or fails to comply with any condition or restriction
imposed by the Council under this Act;
(i) refuses or fails without lawful cause to make any statement or
give any explanation, which may lawfully be demanded, from
him in the application of this Act;
(j) makes or giving a false statement or explanation knowing it
to be false;
(k) obstructs or hinders a member of the Council or of the
Disciplinary Committee or of any other Committee of the
Council in the exercise of his powers or the performance of
his functions under this Act;
commits an offence of a fraud nature; and shall be liable on conviction
to a fine or to imprisonment for a term as prescribed by the Penal Code.
Repeal 51.-(l) The Veterinary Surgeons Ordinance, 1958 is hereby repealed.
and
transition (2) Notwithstanding the repeal of the Veterinary Surgeons Ordinance,
any right, assets, liabilities and obligations of the Board immediately
before its' abolition shall become the right, assets, liabilities and
obligations' of the Council including contracts, agreements, or
arrangements or amendments made by or against or in relation to the
Board.
Cap. 376
(3) A person who was registered as a Veterinary Surgeon under the
Ordinance immediately before the commencement of this Act, shall be
deemed to have been registered under this Act except that such
registration shall expire on the 31st December of the year in which the
Act comes into operation.
(4) Rules or regulations made by or under the authority of the former
Board for the purpose of regulating functions and discipline amongst
Veterinarians shall remain in force and shall continue in force until
revoked or replaced by regulations made under this Act.
28 No. 16 Veterinary 2003
52.-(1) The Minister may, after consultation with the Council make
regulations for better carrying out the purposes and provisions of this
Act.
Power to
make
regulations
(2) without prejudice to the generality of subsection (1), the Minister
may make regulations Prescribing -
(a) the procedure for registration, enrollment and enlistment
under this Act;
(b) various forms to be used under this Act;
c) the procedure for inspection of veterinary practice facilities
by inspectors and supervision of veterinary practice,
Paraprofessionals and Paraprofessional Assistants;
(d) fees and other charges to be paid or charged under this Act;
(e) procedure for conducting inquiry under this Act;
(f) types of establishment and constitution of colleges for
Veterinary Specialists under this Act;
(g) training standards and range of interventions for Paraprofessional
and Paraprofessional Assistants;
(h) procedures for nominations, elections and appointment of
certain members of the Council;
(i) procedures for appointment of examiners, their duties and
remuneration;
(j) the manner and procedures for management of complaints
and appeals under this Act;
(k) code of conduct for veterinary practice to be, observed by
Veterinarians, Veterinary Specialists, Paraprofessional or
Paraprofessional Assistants; and
(1) anything which needs to be prescribed under this Act.
(3) The regulations made under this section shall be published in the
Gazette.
No. 16 Veterinary 2003 29
SCHEDULE
(Made under section 4 (1))
PROVISIONS RELATING TO THE COUNCIL
Composi- 1. The Council shall consist of nine members who shall be appointed by the
tion of the Minister, as follows:
Council
(a) the Chairman who shall be a Veterinarian of outstanding experience in
Veterinary matters;
(b) two representatives from veterinary department;
(c) A representative from faculties of Veterinary Medicine who is a registered
Veterinarian nominated by Dean;
(d) A representative of registered private veterinarians who shall be nominated
from amongst registered veterinarians in private practice;
(e) A representative of the Tanzania Veterinary Association;
(f) A representative of paraprofessionals nominated from amongst themselves;
(g) A registered Veterinarian who is a representative of the veterinary
Pharmaceutical industry; and
(h) A senior legal officer employed in the Attorney-General's Chambers to be
nominated by the Attorney-General.
2.-(l) A member of the Council appointed under paragraph 1 other than the Chairman,
the Vice Chairman and a representative of Attorney-General shall, unless the appointment
is earlier cancelled by the Minister, hold office for three years and shall be eligible for reappointment
for one more term:
Tenure of
Office of
members
Provided that, no member shall be re-appointed to the Council for more than two
terms.,
(2) The Chairman shall be appointed to serve for four years and shall be eligible for
re-appointment for one more term.
(3) The Vice Chairman shall be elected at the first meeting of the term by members
of the Council from amongst themselves and the member so elected shall hold office for
three consecutive years.
(4) A representative from the office of the Attorney-General shall hold office for
such period or periods as the Attorney-General may determine.
3.-(1) Notwithstanding the provisions of subparagraph (1), of paragraph 2, any
Member of the Council, other than the Chairman or a person holding an office of
emolument under the United Republic, may at any time resign from membership of
Termination
of
member
30 No. 16 Veterinary 2003
Council by notice in writing addressed to the appointing authority, who shall forthwith
cause it to be forwarded to the Council, and from the date of the receipt by the Council
of such notice, such member shall cease to be a member of the Council.
(2) The appointment, termination and resignation of members of the Council shall be
published in the Gazette for general information.
4.-(1) The Council shall meet not less than four times in a year and at such times as Meetings
may be necessary or expedient for the transaction of its business and such meetings shall
be held at such places and times and dates as may be determined by the Chairman.
of the
Council
(2) The Secretary of the Council shall give notice of a meeting to each member not
less than fourteen days before the date of meeting.
(3) The Chairman shall preside at all meetings of the Council. In the case of his
absence the Vice Chairman shall preside. In the case of the absence of both the Chairman
and Vice Chairman, members present and constituting a quorum shall elect from among
themselves a temporary Chairman who shall preside at that meeting.
(4) The decisions of the Council shall be by a majority of votes and the Chairman of
the meeting shall have a casting vote in addition to his deliberative vote and if any
member fails or refuses to vote the vote shall be counted in the negative.
(5) A decision may be made by the Council without a meeting by circulation of the
relevant papers amongst the members and the expression of the views of the majority of
the members in writing be honoured but any member may require that the decision be
deferred and the subject matter be considered at a meeting of the Council.
5.-(1) A quorum of the Council shall be two thirds of the total number of members
including a member of the Council from the office of the Attorney-General.
Quorum
(2) The powers of the Council shall not be affected by any vacancy in the membership
thereof, nor by the fact that it is afterwards discovered that there was some defect in the
appointment or qualifications of a person purporting to be a member of the Council.
6. The Council shall have powers to invite a person to its meeting or meetings of its Invited
Committees for the purpose of providing expertise during deliberations on specific matters
but such person shall not have the right to vote.
members
7. Minutes of each meeting shall be kept by the Registrar in proper form and shall be Minutes of
approved by the Chairman not later than fourteen days from the date of the meeting and
confirmed at a subsequent meeting of the Council.
the
meetings
8. All orders, directions, notices or other documents made or issued on behalf of the Orders
Council shall be signed by the Chairman or as the case may be the Vice Chairman or the
Registrar.
direction
of the
Council
9. The seat of the Council shall not be affixed to any instrument except in the Seal of the
preserce of the Chairman or the Vice Chairman or the Registrar. Council
10. Subject to the provisions of this Schedule, the Council may regulate its own Council to
procedures. regulate in
own
proceedings