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Veterinary Surgeons - Veterinary Surgeons Council Ss 36

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            (1) There is hereby established a Council to be known as the Veterinary Surgeons Council which shall consist of the following members-

     (a)     the Chairperson, who shall be appointed by the Minister;

     (b)     three veterinary surgeons elected by the Association;

     (c)     one person, not being a veterinary surgeon or biologist, who the Minister considers appropriate;

     (d)     one veterinary surgeon who is a member of staff of the Botswana College of Agriculture elected by the Botswana College of Agriculture Council;

     (e)     the Director who shall be an ex officio member;

     (f)      one person representing the Attorney General; and

     (g)     one veterinary surgeon from the Department of Wildlife appointed by the Minister responsible for wildlife.

            (2) Within 30 days of the commencement of this Act, the Association shall submit to the incumbent Chairperson of the Board registered under the repealed Act names of three veterinary surgeons elected by the Association to be members.

            (3) The Chairperson shall convene the first meeting of the Council as soon as practicable after the commencement of this Act, and may, when circumstances demand, convene a special meeting as he or she may think necessary.

            (4) At the first meeting of the Council, the members shall elect from among their number a Vice-Chairperson, who shall hold office for a term of three years, unless he or she sooner resigns or ceases to be eligible to be a member.

            (5) At the expiration of the term of office of the Chairperson and the Vice-Chairperson, or if for some other reason their offices become vacant before such expiration, a new Chairperson or Vice-Chairperson, as the case may be, shall be elected by members at its next meeting, or as soon thereafter as may be convenient or practicable.

            (6) The Chairperson and the Vice-Chairperson may resign from office without such resignation terminating his or her membership of the Council and shall have the option of retaining membership to the Council.

            (7) The members, except the member referred to in subsection (1) (e), shall hold office for a period of three years, and shall be eligible for reappointment.

            (8) The Minister shall, within 21 days of the appointment of the members, notify the public in the Gazette of the names of the persons appointed as members.

4.       Functions of Council

            The Council shall-

     (a)     regulate the practice of veterinary medicine and para-professionals and the registration of persons practising such professions;

     (b)     determine the minimum standards of training required for degrees, diplomas and certificates entitling the holders thereof to be registered to practise as veterinary surgeons or para- professionals;

     (c)     exercise effective control over the professional conduct of persons practising as veterinary surgeons or para-professionals;

     (d)     determine the standards of professional conduct of persons practising as veterinary surgeons or para-professionals;

     (e)     encourage and promote efficiency in, and responsibility with regard to, the practice of veterinary medicine and that of para-professionals;

     (f)      protect the interests of veterinary surgeons and para- professionals and to deal with any matter relating to such interests;

     (g)     maintain and enhance the prestige, status and dignity of veterinary surgeons and para-professionals and the integrity of persons practising such professions;

     (h)     manage its own budget through a subvention or grant from government until such time as the Council is able to source its own funding; and

     (i)      do such other things as may be necessary for, or conducive to, the achievement of the objects of the Council.

5.       Meetings of Council

            (1) The Council shall meet at least twice every year for the transaction of business at such times and places as the Chairperson may determine, and upon the giving of written notice to every member, of the meeting, by the Registrar, of not less than 14 days:

            Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.

            (2) The Chairperson shall preside at all meetings of the Council, or, in his or her absence, the Vice-Chairperson shall preside at a meeting of the Council.

            (3) In the absence of the Chairperson and the Vice-Chairperson, the members shall appoint from amongst themselves a Chairperson.

            (4) The quorum at any meeting of the Council shall be the Chairperson or the Vice-Chairperson and any four members.

            (5) Subject to the provisions of this Act, the Council shall regulate its own procedure.

            (6) A decision of the Council on any question shall be by a majority of the members present and voting at a meeting of the Council and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to that person's deliberative vote.

            (7) A decision of the Council shall not be rendered invalid by reason only of a vacancy on the Council or by reason of a person who was not entitled to sit as a member having so sat.

            (8) The Chairperson shall cause to be recorded and kept, minutes of all proceedings of the meetings of the Council.

            (9) Where a member is present at a meeting of the Council or committee at which meeting a matter which is the subject of consideration is one in which he or she is directly or indirectly interested in his or her private capacity, the member shall as soon as practical at the commencement of the meeting disclose such interest, and shall not, unless the Council otherwise directs, take part in any consideration or discussion of, or vote on, any question with respect to that matter.

            (10) A disclosure made under subsection (8) shall be recorded in the minutes of the meeting at which it is made.

            (11) Where a member of the Council or a Committee fails to disclose his or her interest in accordance with subsection (9) and a decision by the Council or a committee is made benefiting such member, such decision shall be null and void.

            (12) A member who contravenes the provisions of subsection (9) shall be guilty of an offence and liable to a fine not exceeding P2 000, or to imprisonment for a term not exceeding one year, or to both.

6.       Committees

            (1) Subject to subsection (4), the Council may appoint such committees as it may consider necessary to assist it in the performance of its functions under this Act.

            (2) The Council may appoint as a member of a committee any person who is or is not a member, but the chairperson of a committee shall be a member.

            (3) The Council may assign to any committee such other functions as it may determine including investigating disciplinary cases and imposing penalties on persons who contravene this Act.

            (4) The Committees that the Council may establish under this Act shall include-

     (a)     the Professional Conduct and Ethics Committee;

     (b)     the Grievances and Disciplinary Committee;

     (c)     the Registration and Certification Committee;

     (d)     the Private Practice and Licensing Committee;

     (e)     the Research and Publication Committee; and

     (f)      any other Committee that the Council may consider necessary.

            (5) A committee shall meet for the transaction of business at such times and places as the Council may determine.

            (6) Subsections (3) to (12) of section 5 shall, with the necessary modifications, apply to committees.