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CHIROPRACTORS ACT 27 04

Chapter 27:04

CHIROPRACTORS ACT

Acts 46/1975, 29/1981 (s. 59); R.G.N. 1135/1975; S.I. 362/1980.

 

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ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title and date of commencement.

2. Interpretation.

PART II

CHIROPRACTORS COUNCIL

3. Establishment of Council.

4. Composition of Council.

5. Functions and expenses of Council.

6. Conditions of office of members.

7. Appointment of members on failure of voters to elect members.

8. Disqualification for appointment as member.

9. Vacation of office.

10. Minister may require member to vacate office or suspend him.

11. Filling of vacancies on Council.

12. Chairman and vice-chairman of Council.

13. Meetings and decisions of Council.

14. Validity of decisions and acts of Council.

15. Funds and accounts of Council.

16. General meetings of registered chiropractors.

17. Committees of Council.

PART III

REGISTRAR AND REGISTER OF CHIROPRACTORS

18. Registrar of Chiropractors.

19. Register of Chiropractors and certificates of registration.

20. Offences in connection with Register, etc.

21. Register as evidence.

PART IV

REGISTRATION

22. Qualifications for registration.

23. Procedure for registration.

24. Deletions from Register.

25. Restoration to Register.

26. Appeals against refusal to register or deletion from Register.

PART V

DISCIPLINARY AND OTHER INQUIRIES

27. Inquiries by Council.

28. Exercise of powers by Council after inquiry.

29. Exercise of disciplinary powers on conviction for offence: court to forward evidence.

30. Appeals to High Court.

31. Publication of result of disciplinary proceedings.

32. Council not to be liable.

33. Improper or disgraceful conduct.

PART VI

GENERAL

34. Practice of chiropractic.

35. Recovery by Council of costs fees, etc.

36. By-laws.

AN ACT to establish a Chiropractors Council of Zimbabwe; to provide for the registration and regulation of the practice of chiropractors in Zimbabwe; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 15th February, 1976.]

PART I

PRELIMINARY

1 Short title

This Act may be cited as the Chiropractors Act [Chapter 27:04].

2 Interpretation

(1) In this Act-

"appointed member" means a member who has been appointed in terms of paragraph (a) of section four;

"certificate of registration" means a certificate issued in terms of paragraph (a) of subsection (4) of section nineteen and includes any duplicate certificate of registration;

"Council" means the Chiropractors Council of Zimbabwe established by section three;

"elected member" means a member who is elected in terms of paragraph (b) of section four or who is deemed to have been elected in terms of that paragraph;

"improper or disgraceful conduct" means any conduct which, when regard is had to the profession of chiropractic, is improper or disgraceful, whether defined in by-laws referred to in section thirty-three or not;

"member" means a member of the Council;

"Minister" means the Minister of Justice,Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

"Register" means the Register of Chiropractors established in terms of subsection (1) of section nineteen;

"registered" means registered in the Register in terms of Part IV;

"Registrar" means the Registrar of Chiropractors appointed in terms of section eighteen.

(2) For the purposes of this Act-

"practice of chiropractic" means every act the object of which is to treat any abnormal functioning of the nervous system by making corrections to the spinal column, pelvic bones or other joints of the human body or of the adjacent tissues, without the use of any medicine and without operative surgery, and includes the identification, analysis and diagnosis of any malfunction of the spinal column, pelvic bones or other joints by physical examination, other than an internal examination, or by the use of X-rays or any other instrument used for identification or analysis.

PART II

CHIROPRACTORS COUNCIL

3 Establishment of Council

There is hereby established a council, to be known as the Chiropractors Council of Zimbabwe, which shall be a body corporate and shall in its corporate name be capable of suing and being sued and, subject to this Act, of performing all such acts as bodies corporate may by law perform.

4 Composition of Council

The Council shall consist of five members of whom-

(a) two shall be persons appointed by the Minister; and

(b) subject to section seven, three shall be persons who are registered chiropractors and have been elected by registered chiropractors in the manner prescribed.

5 Functions and expenses of Council

(1) It shall be the function of the Council to hold inquiries for the purposes of this Act and to do all other things required to be done by the Council in terms of this Act and such other things as, in the opinion of the Council, are necessary or desirable for the proper regulation of the practice of the profession of chiropractic in Zimbabwe.

(2) Any expenses incurred by the Council in the exercise of its functions in terms of this Act shall be met out of the funds of the Council. 6 Conditions of office of members

(1) A member shall hold office for a period of-

(a) in the case of an elected member, three years:

Provided that of the members first elected one, who shall be determined by lot, shall hold office for a period of one year and another member, who shall be determined by lot, shall hold office for a period of two years; (b) in the case of an appointed member, two years:

Provided that of the members first appointed one member designated by the Minister shall hold office for a period of one year.

(2) A member shall-

(a) hold office on such conditions; and

(b) be paid out of the funds of the Council such remuneration and allowances, if any; as the Minister may in each case fix.

(3) A retiring member shall be eligible for re-appointment or re-election as a member.

7 Appointment of members on failure of voters to elect members

(1) If the registered chiropractors fail, neglect or refuse for any reason whatsoever to elect any or all of the members referred to in paragraph (b) of section four or to fill a vacancy in terms of paragraph (a) of subsection (1) of section eleven, the Minister may appoint to the Council the number of members which the registered chiropractors have failed, neglected or refused to elect or appoint a member to fill the vacancy, as the case may be.

(2) A member appointed by the Minister in terms of subsection (1)- (a) shall be a person who is a registered chiropractor; and

(b) shall be deemed to have been duly elected to the Council by the registered chiropractors.

8 Disqualification for appointment as member

No person shall be appointed or elected as a member and no person shall be qualified to hold office as a member who-

(a) has, in terms of a law in force in any country-

(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or

(ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or

(b) has, in the period of five years immediately preceding the date of his proposed appointment or election, been convicted-

(i) within Zimbabwe of a criminal offence; or

(ii) outside Zimbabwe of an offence by whatever name called which, if committed within Zimbabwe, would have been a criminal offence;

and sentenced by a court to imprisonment for a term of six months or more without the option of a fine, whether or not such sentence has been suspended, and has not received a free pardon; or

(c) has, in the period of five years immediately preceding the date of his proposed appointment or election, been found guilty of improper or disgraceful conduct.

9 Vacation of office

A member shall vacate his office and his office shall become vacant-

(a) one month after the date he gives notice in writing to the Minister of his intention to resign his office or after the expiration of such shorter period as he and the Minister may agree; or

(b) thirty days after the date he is sentenced by a court to imprisonment referred to in paragraph (b) of section eight after conviction of an offence referred to in that paragraph:

Provided that, if during the said period of thirty days an application for a free pardon is made or an appeal is filed, the question whether the member is to vacate his office shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his office and his office shall become vacant unless he is granted a free pardon, his conviction is set aside, his sentence is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is substituted; or

(c) if he becomes disqualified in terms of paragraph (a) of section eight to hold office as a member; or

(d) thirty days after the date he is found guilty of improper or disgraceful conduct:

Provided that, if during the said period of thirty days an appeal is lodged in terms of subsection (1) of section thirty, the question whether the member is to vacate his office shall not be determined until the final disposal of such appeal, whereupon the member shall forthwith vacate his office and his office shall become vacant unless the decision of the Council finding him guilty of improper or disgraceful conduct is set aside; or

(e) if he is required in terms of section ten to vacate his office; or ( f ) if he is absent from two consecutive meetings of the Council of which he has had notice without the permission of the Council; or

(g) if, being an elected member, he ceases to be registered.

10 Minister may require member to vacate office or suspend him

(1) The Minister may require a member to vacate his office if the Minister is satisfied that the member-

(a) has been guilty of improper conduct as a member; or

(b) has failed to comply with the conditions of his office fixed by the

Minister in terms of subsection (2) of section six; or

(c) is mentally or physically incapable of performing his duties as a member.

(2) The Minister may suspend from office a member against whom-

(a) criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed; or

(b) disciplinary proceedings are instituted by the Council; and while that member is so suspended he shall not carry out any duties as a member.

11 Filling of vacancies on Council

(1) On the death of, or the vacation of office by, a member who is-

(a) an elected member, the vacancy shall be filled by an election held in the prescribed manner:

Provided that, if the remainder of the period for which the member whose office has been vacated would otherwise have held office is less than six months, it shall not be necessary to hold an election and the Council may, if it thinks fit, co-opt a registered chiropractor to fill the vacancy;

(b) an appointed member, the Minister shall appoint another person to fill the vacancy;

and the person so elected. co-opted or appointed, as the case may be, shall hold office for the remainder of the three-year or two-year period, as the case may be, for which that member would, but for his death or the vacation of his office, have continued in office

(2) If any member is granted leave of absence by the Council-

(a) in the case of an elected member, the Council may, if it thinks fit, coopt a registered chiropractor to fill the vacancy during the absence of that member; (b) in the case of an appointed member., the Minister may, if he thinks fit, appoint a person to fill the vacancy during the absence of that member.

12 Chairman and vice-chairman of Council

(1) There shall be a chairman and vice-chairman of the Council who shall be elected from amongst the members of the Council by members present at the first meeting of the Council and thereafter at the first meeting of the Council held after any vacancy in the office of chairman or vice-chairman, as the case may be, has occurred.

(2) If the chairman of the Council is unable to exercise the functions of chairman by reason of illness, absence from Zimbabwe or other cause, the vice-chairman shall exercise the functions and powers and perform the duties of the chairman.

13 Meetings and decisions of Council

(1) The Council shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the Council shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedures as it thinks fit: Provided that a meeting of the Council shall be held at least twice in each year.

(2) A special meeting of the Council-

(a) may be convened by the chairman at any time;

(b) shall be convened by the chairman within twenty-one days of the receipt by him of a request in writing signed by not less than three members and specifying the purposes for which the meeting is to be convened.

(3) At any meeting of the Council-

(a) the chairman or, in his absence, the vice-chairman shall preside; (b) in the absence of both the chairman and the vice-chairman the members present shall elect one of their number to preside; (c) three members shall form a quorum.

(4) All acts, matters or things authorized or required to be done by the Council shall be decided by a majority vote at a meeting of the Council at which a quorum is present.

(5) At all meetings of the Council each member present shall have one vote on a question before the Council and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote.

14 Validity of decisions and acts of Council

No decision or act of the Council or act done under the authority of the Council shall be invalid by reason only of the fact that-

(a) the Council did not consist of the full number of members for which provision is made in section four; or

(b) a disqualified person acted as a member of the Council at the time the decision was taken or act was done or authorized. 15 Funds and accounts of Council

(1) The funds of the Council shall consist of-

(a) all fees and other moneys payable to the Council in terms of this Act; and

(b) such other moneys and assets as may vest in or accrue to the Council, whether in the course of the exercise of its functions or otherwise.

(2) The accounts of the Council shall be audited at least once in each calendar year by an auditor registered in terms of the Public Accountants and Auditors Act [Chapter 27:12] appointed by the Council.

16 General meetings of registered chiropractors

(1) The Council shall at least once in each calendar year convene a general meeting of all registered chiropractors.

(2) The Council shall ensure that not less than fourteen days' notice in writing of a general meeting of registered chiropractors is sent to each registered chiropractor, which notice shall set out the matters to be dealt with at that general meeting.

(3) The Council shall submit to the annual general meeting called in terms of subsection (1) a report setting out the activities of the Council since the previous annual general meeting:

Provided that this subsection shall not apply to the first general meeting held in terms of this section.

17 Committees of Council

(1) The Council may-

(a) establish committees to assist the Council in the exercise of its functions under this Act; and

(b) appoint such registered chiropractors as it may consider expedient to be members of a committee referred to in paragraph (a).

(2) The Council, with the approval of the Minister, may assign to a committee referred to in subsection (1) such of the functions of the Council under this Act as the Council may consider expedient.

(3) The Council shall not be treated as having divested itself of any function assigned to a committee referred to in subsection (1), and the Council may vary or revoke any decision of a committee made in the exercise of that function.

(4) The Council may appoint a legal practitioner entitled to audience before a magistrate's court to advise the Council in the exercise of its functions under this Act or a committee of the Council referred to in subsection (1) in the exercise of any function assigned to it in terms of subsection (2).

PART III

REGISTRAR AND REGISTER OF CHIROPRACTORS

18 Registrar of Chiropractors

(1) The Council shall appoint a person, to be known as the Registrar of Chiropractors, for the purposes assigned to the Registrar by or under this Act.

(2) The functions of the Registrar shall be-

(a) to be the secretary to the Council, in which connection he shall, on instructions from the chairman of the Council, convene meetings of the Council and any committee thereof and maintain the records of any such meetings; and

(b) to carry out any other duties imposed on him by or in terms of this Act or by the Council.

19 Register of Chiropractors and certificates of registration (1) The Registrar shall establish a Register of Chiropractors.

(2) It shall be the duty of the Registrar-

(a) to enter in the Register, in relation to a registered chiropractor, his name, address, qualifications and date of first registration and such other particulars as the Council may from time to time determine; and

(b) to make in the Register any necessary alterations in the name, address, qualifications or other particulars of a registered chiropractor; and

(c) to delete from the Register the name of a registered chiropractor who dies; and

(d) when required to do so by or under this Act or in pursuance of the order of the High Court-

(i) to mark in the Register the registration of an applicant or, as the case may be, the suspension from practice of a registered chiropractor; and

(ii) to delete from the Register the registration of a registered chiropractor;

and generally in connection with the Register to comply with this Act and any order by the High Court.

(3) Where the Registrar deletes from the Register the name of a registered person, he shall enter in the Register a record of the reasons therefor.

(4) If, in the performance of the duties imposed upon him by or under this Act, the Registrar-

(a) registers an applicant, he shall issue to him a certificate of registration; (b) deletes from the Register the name of a registered person or marks in the Register the suspension from practice of a registered person, he shall, if possible, notify him in writing accordingly.

(5) On an application by a registered person the Registrar may issue to that person a duplicate certificate of registration-

(a) if he is satisfied as to the identity of the applicant; and

(b) on production by the applicant of an affidavit certifying that the certificate of registration has been lost or destroyed; and

(c) on payment by the applicant of the appropriate fee, if any, prescribed. 20 Offences in connection with Register, etc.

A person who-

(a) makes or causes to be made an unauthorized entry or alteration in, or deletion from, the Register or a certified copy thereof or extract therefrom or on a certificate of registration; or

(b) procures or attempts to procure for himself or another person registration or a certificate of registration by means of fraud, a false representation or the concealment of a material fact; or

(c) makes or causes to be made in connection with an application for registration a false declaration in a document used for the purpose of establishing his identity; or

(d) wilfully destroys or injures or renders illegible or causes to be destroyed, injured or rendered illegible an entry in the Register; or

(e) without the permission of the holder, wilfully destroys, injures or renders illegible or causes to be destroyed, injured or rendered illegible a certificate of registration; or

( f ) forges or utters, knowing the same to be forged, a document purporting to be a certificate of registration;

shall be guilty of an offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

21 Register as evidence

A certificate under the hand of the Registrar-

(a) of the entry of the name of a person in the Register shall be prima facie evidence that the person is a registered chiropractor;

(b) that the name of a person has been deleted from, or does not appear in, the Register shall be prima facie evidence that the person is not a registered chiropractor;

(c) that a registered chiropractor has been suspended from practice as such for a period specified in that certificate shall be prima facie evidence that the person has been suspended from practice for that period.

PART IV

REGISTRATION

22 Qualifications for registration

(1) An applicant for registration shall not be registered unless at the time of his application-

(a) he resides in Zimbabwe; or

(b) he intends, if he is registered, to take up residence in Zimbabwe within six months of the date of his registration.

(2) For the purposes of this Act, a person shall be qualified to be registered if he establishes to the satisfaction of the Council that he-

(a) is of or over the age of twenty-one years; and

(b) holds a prescribed qualification; and

(c) is not a person whose registration the Council has ordered to be cancelled in terms of paragraph (a) of subsection (1) of section twenty-eight:

Provided that a person shall not be disqualified in terms of this paragraph to be registered if-

(a) he has applied in the manner prescribed for; and

(b) the Council has granted him; written authority to make application for re-registration.

23 Procedure for registration

(1) Any person who wishes to be registered shall apply in writing to the Registrar and shall submit with his application-

(a) a certificate of any qualification on which he relies for registration or a certified photostat copy thereof:

Provided that a certificate showing his registration in the state or territory in which he qualified or a certified photostat copy thereof may be submitted if such certificate contains details of the qualifications on which registration was based; and

(b) such evidence of identity and of good character and reputation as the Council may require; and

(c) evidence that he resides or intends, if he is registered, to reside in Zimbabwe; and

(d) any other prescribed documents or information.

(2) The Council may require any statement in, or in connection with, an application in terms of subsection (1) to be supported by solemn declaration.

(3) If the Registrar is satisfied that the qualification and the particulars or documents submitted in terms of subsection (1) are in accordance with the requirements of this Part, he shall. upon payment by the applicant of the appropriate fee, if any, prescribed, register the applicant in the Register.

(4) If the Registrar is not satisfied that the qualifications or the particulars or documents submitted in terms of subsection (1) are in accordance with the requirements of this Part, he shall refer the application to the Council for decision.

(5) The Council may refuse to register an applicant if, in its opinion, the applicant, notwithstanding that he is otherwise qualified, is not a fit person to be registered by reason of-

(a) his physical or mental health; or

(b) the fact that he is not of good character or reputation; or

(c) the fact that he has not an adequate knowledge of the English language; or

(d) any conduct of his which, if he had been registered, would have constituted improper or disgraceful conduct:

Provided that, before refusing registration in terms of this paragraph, the Council shall hold an inquiry in terms of Part V and the provisions of that Part shall apply, mutatis mutandis, as if the applicant were registered.

24 Deletions from Register

(1) The Council may direct the Registrar to delete from the Register- (a) the name of any person who-

(i) has been absent from Zimbabwe for a continuous period of three years preceding such deletion; or

(ii) has failed to pay any fee payable in terms of any by-laws referred to in paragraph (a) of subsection (2) of section thirty-six within three months after the date on which that fee became payable; or

(iii) has failed, within a period of six months after the date of an inquiry sent by the Registrar by registered letter to his address as shown in the Register, to notify the Registrar of his present address:

Provided that if such registered letter is returned to the Registrar by reason of it being unclaimed or for any other reason, the Council may forthwith direct that the name of the person be deleted from the Register; or

(iv) has requested that his name be removed from the Register and, if so required by the Council, has lodged an affidavit that no disciplinary or criminal proceedings are being or arc likely to be taken against him in connection with the practice of chiropractic; or

(v) is resident or practising in Zimbabwe and whose name has been removed from the roll, register or record of any university, training school or institution, society or other body from which that person received the qualification upon the basis of which he was registered; or

(b) any entry which is proved to the satisfaction of the Council to have been made in error or through fraudulent representation or concealment of material facts or in circumstances not authorized by this Act.

(2) The Registrar shall delete from the Register the name of any person where the

Council has directed-

(a) the deletion of the name in terms of subsection (1); or

(b) the cancellation of the registration of the person concerned in terms of paragraph (a) of subsection (1) of section twenty-eight.

(3) If a person referred to in paragraph (b) of subsection (1) of section twenty-two fails to take up residence in Zimbabwe within the period referred to in that paragraph, his name shall be deleted from the Register on the expiration of that period.

(4) Before the Council directs any deletion to be made in terms of subparagraph (v) of paragraph (a) or paragraph (b) of subsection (1), the Council shall, if possible, afford the person concerned an opportunity of showing cause before the Council as to why the deletion should not be made.

(5) A certificate of registration issued to a person whose name has been deleted from the Register in terms of this section shall be deemed to have been cancelled on the date of the deletion and the person concerned shall be deemed not to be registered with effect from that date. 25 Restoration to Register

Where the name of a person has been deleted from the Register in terms of section twenty-four, the Council may, if it thinks fit, authorize the restoration to the Register of the name of such person if representations are made by the person concerned after the expiration of such period as the Council may determine in that particular case. 26 Appeals against refusal to register or deletion from register

(1) A person, other than a person referred to in subsection (1) of section thirty, who is aggrieved by-

(a) the refusal of the Council to register him; or

(b) the deletion from the Register of his name;

may, after notice to the Council and within three months after the date on which notice is given to him by the Registrar of such refusal or deletion, apply to the High Court in such manner as may be prescribed by rules of court made by the High Court against such refusal or deletion.

(2) On an appeal in terms of subsection (1), the High Court may-

(a) dismiss the appeal; or

(b) if it is of the opinion that the Council has not acted in accordance with this Act, make an order that the name of the appellant be registered; or (c) remit the matter to the Council for further consideration; and may make such other order as to costs or otherwise as may to it seem just.

(3) Where the Council has refused to register an applicant on the grounds that, in its opinion, he is not a fit person to be so registered for any of the reasons specified in subsection (5) of section twenty-three, the High Court may, if it thinks fit, notwithstanding the opinion of the Council, order that the appellant be registered.

PART V

DISCIPLINARY AND OTHER INQUIRIES

27 Inquiries by Council

(1) Subject to this section, the Council may hold inquiries into an allegation that a registered chiropractor-

(a) has been guilty of improper or disgraceful conduct; or

(b) is grossly incompetent or has performed any act appertaining to the profession of chiropractic in a grossly incompetent manner.

(2) Before exercising its powers referred to in subsection (1) , the Council shall cause to be served upon the person concerned a notice setting out the allegations against him and the council shall afford the person concerned a reasonable opportunity of being heard, either by himself or, if he so wishes, by a legal representative:

Provided that where the person concerned is by reason of mental disorder or defect legally incapable of representing himself, the Council may apply to the High Court for the appointment of a curator ad litem and the notice referred to in this subsection shall be served on such curator.

(3) The powers, rights and privileges of the Council in an inquiry referred to in subsection (1) shall be the same as those conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and sections 15 and 16 of that Act, shall apply, mutatis mutandis, in relation to an inquiry and to a person summoned to give evidence or giving evidence at an inquiry.

(4) The Council shall, in any inquiry held by it in terms of subsection (1), record the proceedings and any evidence heard by it and the decision made by it and the reasons therefor.

28 Exercise of powers by Council after inquiry

(1) At the conclusion of an inquiry held in terms of section twenty-seven, the Council may, if it decides that the registered chiropractor has been guilty of improper or disgraceful conduct or is grossly incompetent or has performed any act appertaining to the profession of chiropractic in a grossly incompetent manner-

(a) direct the Registrar to cancel the registration of the registered person; or

(b) order the suspension of the registered person for a specified period from practising as a chiropractor or performing any act specially pertaining to the practice of chiropractic; or

(c) impose such conditions as it deems fit, subject to which the registered person shall be entitled to carry on the practice of chiropractic; or

(d) order the registered person to pay a penalty not exceeding five hundred dollars. which penalty shall be payable to the Council; or

(e) order the registered person to pay any costs or expenses of, and incidental to, the inquiry; or

( f ) censure the registered person; or

(g) caution the registered person and postpone for a period not exceeding three years any further action against him on one or more conditions as to his future conduct, including the conduct or nature of his practice during that period.

(2) If at any time the Council is satisfied that during the period of any postponement in terms of paragraph (g) of subsection (1) a registered person has not complied with the conditions imposed in terms of that paragraph, the Council after giving reasonable notice to the registered person concerned, may decide further to do one or more of the things specified in subsection (1).

(3) The Council may extend for any period determined by it the period of operation of, or withdraw or in any other manner amend, any order made in terms of paragraphs (b) and (c) of subsection (1).

(4) A person who has been suspended in terms of paragraph (b) of subsection (1) shall be disqualified from carrying on his profession as a chiropractor and his registration shall be deemed to be cancelled until the period of suspension has expired.

29 Exercise of disciplinary powers on conviction for offence: court to forward evidence

(1) A registered person who has been convicted within or outside Zimbabwe, whether before or after the date of his registration, of an offence by a court of law shall be liable to be dealt with by the Council in accordance with this Part if the Council is of the opinion that such offence constitutes improper or disgraceful conduct.

(2) The Council may, if it thinks fit on proof before it of a conviction referred to in subsection (1) and without hearing further evidence, deal with the convicted person in accordance with the provisions of this Part:

Provided that the convicted person shall be afforded an opportunity of tendering in writing or in person or by his legal representative, as he may elect, an explanation to the Council in extenuation of his conduct.

(3) Subject to the Courts and Adjudicating Authorities (Publicity Restriction) Act

[Chapter 7:04], if, after the termination of proceedings before a court of law in Zimbabwe-

(a) it appears to the court that there is prima facie evidence of improper or disgraceful conduct on the part of a registered person, the court shall direct that a copy of the record of the proceedings or a copy of such part of the record of such proceedings as is material to the issue shall be transmitted to the Council; or

(b) the Council requests that a record of the proceedings before a court of law in Zimbabwe or part of such record be supplied to it on the grounds that it is of direct interest to the Council in the exercise of its functions under this Act, the registrar or clerk of the court shall transmit to the Council a copy of the record of the proceedings or a copy of such part of the record of the proceedings as is material.

30 Appeals to High Court

(1) Any person who is aggrieved at the findings of, or penalty imposed by, the Council under this Part may, within three months after the date of such findings or the imposition of such penalty, appeal to the High Court.

(2) On an appeal in terms of subsection (1), the High Court may-

(a) confirm, vary or set aside any finding or penalty of the Council; or

(b) remit the matter to the Council for further consideration; and may make such other order as to costs or otherwise as may to it seem just:

Provided that the High Court shall not set aside any finding or penalty by reason of any informality in the proceedings of the Council which did not embarrass or prejudice the appellant in answering the charge or in the conduct of his defence.

(3) For the purposes of any appeal in terms of this section, the court may, if it thinks expedient so to do, call in the aid of one or more assessors who are specially qualified and hear the appeal wholly or partly with their assistance but the decision of the court in such an appeal shall be made or given by the judge or judges alone.

(4) The remuneration, if any. to be paid to an assessor called in terms of subsection

(3) shall be determined by the court.

31 Publication of result of disciplinary proceedings

(1) The Registrar shall, if so directed by the Council, cause to be printed and published in the Gazette the name of any person-

(a) whose registration has been cancelled; or (b) who has been suspended from practice; in terms of this Part.

(2) A notice published in terms of subsection (1) shall be prima facie evidence in all legal proceedings that-

(a) the registration of the person specified in that notice has been cancelled; or

(b) the person so specified in that notice has been suspended from practice for the period specified in that notice: as the case may be.

32 Council not to be liable

(1) Save as is provided in this Act, no legal proceedings, whether civil or criminal, shall lie against the Registrar or the Council or any member or officer thereof in respect of any act or duty performed in accordance with this Part.

(2) The Council shall not be responsible for any loss of earnings by a person as a result of action taken under this Part by the Council.

33 Improper or disgraceful conduct

(1) The Council may, under by-laws made in terms of section thirty-six-

(a) define what in the case of a registered chiropractor shall constitute improper or disgraceful conduct; and

(b) provide for the manner in which complaints or charges against a registered chiropractor may be lodged; and

(c) provide for any other matters incidental to the investigation of, and inquiry into, a complaint against a registered chiropractor.

(2) If any registered chiropractor has counselled or knowingly been a party to the performance of any act in respect of which an unregistered person has been convicted of an offence under Part VI, the conduct of such registered chiropractor shall, for the purposes of this Part, constitute improper or disgraceful conduct:

Provided that the provisions of this subsection shall not be construed as exempting such registered chiropractor from prosecution in a court of law for any offence which such conduct may constitute.

(3) The by laws referred to in subsection (1) shall not be deemed to limit the general power conferred on the Council to inquire into allegations of improper or disgraceful conduct not covered by such by-laws and to impose any penalty under this Part on any person guilty of such conduct.

PART VI

GENERAL

34 Practice of chiropractic

(1) Notwithstanding anything to the contrary contained in any Act, it shall be lawful for a registered chiropractor to engage for gain in the practice of chiropractic.

(2) Subject to subsection (3), any person who, not being registered as a chiropractor-

(a) for gain practises or carries on business as a chiropractor, whether or not purporting to be registered; or

(b) pretends, or by any means whatsoever holds himself out, to be a chiropractor, whether or not purporting to be registered; or

(c) uses the title "chiropractor" or any name, title, description or symbol indicating or calculated to lead persons to infer that he possesses a qualification as a chiropractor or that he is registered as a chiropractor under this Act;

shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (3) The provisions of-

(a) paragraph (a) of subsection (2) shall not apply to any person who is registered in terms of the Medical, Dental and Allied Professions Act [Chapter 27:08];

(b) paragraph (b) or (c) of subsection (2) shall not apply to any person who is not ordinarily resident in Zimbabwe and does not carry on any business or practice in Zimbabwe or purport to be registered as a chiropractor under this Act.

35 Recovery by Council of costs, fees, etc.

The Council may by action in any competent court recover-

(a) any costs or penalty ordered in terms of Part V to be paid by a registered chiropractor or former registered chiropractor; or

(b) any fee payable in terms of this Act by a registered chiropractor or former registered chiropractor; or

(c) any other moneys or other property that may be payable or due to the Council by any person.

36 By-laws

(1) The Council may make by-laws prescribing all matters which by this Act are required or permitted to be prescribed or which. in the opinion of the Council, are necessary or convenient to be prescribed for carrying out or giving effect to this Act or the regulation of the profession of chiropractic.

(2) By-laws made in terms of subsection (1) may provide for-

(a) the fees which shall be payable by applicants for registration and the annual fees which shall be payable by chiropractors so long as they remain registered; (b) the issue of certificates of registration and the fees in connection therewith;

(c) the cancellation of certificates of registration of chiropractors who are no longer registered and the delivery of such certificates to the Registrar for that purpose;

(d) the deletion from the Register of entries made in error or through fraudulent representations or concealment of material facts or in circumstances not authorized by law;

(e) the notification to the Registrar of changes of address and prescribed particulars of registered chiropractors;

( f ) the maximum or minimum scale of fees that may be charged by registered chiropractors.

(3) By-laws made in terms of subsection (1) shall be submitted to the Minister for his approval and, after such approval, shall be published in a statutory instrument.

(4) The fees to which the provisions of paragraph (a) and (b) of subsection (2) relate shall be paid to the Council.

Acts 27. PROFESSIONS AND CALLINGS CHIROPRACTORS ACT 27 04