ORDINANCE No. VII OF 1999

AN ORDINANCE further to
amend the Medical and Dental Council Ordinance, 1962

WHEREAS it is expedient further to amend the Medical and Dental Council Ordinance, 1962 (XXXII of 1962), for the purposes hereinafter appearing;

AND WHEREAS, the National Assembly is not in session and the President is satisfied that the circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following ordinance:

1. Short title and commencement.- (1) This Ordinance may be called the Medical and Dental Council (Amendment) Ordinance, 1999.

(2) It shall come into force at once.

2. Amendment of section 3, Ordinance XXXII of 1962.-ln the Medical and Dental Council Ordinance, 1962 (XXXll of 1962), hereinafter referred to as the said Ordinance, in section 3 in sub-section (1),

(i) for clause (a), the following shall be substituted, namely:

(a) one member each of the National Assembly and the Senate to be nominated by the National Assembly or, as the case may be, by the Senate” ; and

(ii) in clause (d), for the word “four” the word “five” shall be substituted.

3. Amendment of section 7, Ordinance XXXII of 1962.-ln the said Ordinance, in section 7, sub-section (1) shall be omitted.

4. Insertion of new sections 22A, 22B and 22C Ordinance XXXII of 1962.-ln the said Ordinance, after section 22, the following new sections shall be inserted, namely:-
“22A. Recognition of medical and dentistry teaching institutions.-(1) No person shall run or establish any college or institution for imparting education in medicine or dentistry, and neither shall any university grant affiliation to any such college or institution nor any such college or institution shall award any certificate unless recognition has been granted to such college or institution under this Ordinance.

(2) Any person desirous to run or establish a college or institution for imparting education in medicine or dentistry shall apply for recognition under this Ordinance and no college or institution shall be recognized unless it fulfils the condition prescribed by the regulations.

(3) An application under sub-section (2) shall be addressed to the Council and shall be accompanied by the fee and shall contain such information as may be prescribed by the regulations.

(4) The Council may, considering the application for recognition call for such further information as it may consider necessary and also direct a local inquiry to be made by any person authorized by it in that behalf.

(5) After considering the information furnished with the application and the report of local inquiry, if any, and after making such further inquiry as may, from time to time, appear to it to be necessary the Council shall forward the application to the Federal Government alongwith its recommendations which may, by order grant or refuse to grant recognition or grant the recognition subject to such terms and conditions, if any, as may be specified in the order.

22B. Withdrawal of recognition.-(1) Subject to sub-section (2) if the Federal Government, on the basis of any report made by the Council or such other information as may have reached it, is satisfied that a college or institution which has been recognized does not fulfil the prescribed conditions or has ceased to fulfil any such condition or has not fulfilled the condition subject to which recognition was granted, it may withdraw the recognition.

(2) No order under sub-section (1) shall be made unless the person running the college or institution has been provided an opportunity of being heard.

22C. Penalty.-( l) Whoever runs or establishes any college or institution for imparting education in medicine or dentistry which is not recognized under section 22A or in respect of which recognition has been withdrawn under section 22B, shall be guilty of an offence punishable with rigorous imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.

(2) Where the person guilty of an offence referred to in sub-section (1) is an association or organization every officer responsible for the conduct of its affairs shall, unless he proves that the offence was committed without his knowledge or that he exercised all diligence to prevent its commission, be deemed to be guilty of the offence.”

5. Amendment of section 27, Ordinance XXXII of 1962.-ln the said Ordinance, in section 27,-
(i) for the words, comma and figure “Evidence Act, 1872” the words, comma and figure “Qanun-e-Shahdat, 1984” shall be substituted; and

(ii) in the margin, for the figures and word “I of 1872” the letters, word and figure “P.O. 10 of 1984” shall be substituted.

6. Amendment of section 28, Ordinance XXXII of 1962.-ln the said Ordinance, in section 28,- .

(a) in sub-section (1 ),-

(i) for the words “five hundred” the words “twenty- five thousand” shall be
substituted; and

(ii) for the words “three months”, the words “two years” shall be substituted; and

(b) in sub-section (2),-
(i) for the words “five hundred” the words “twenty- five thousand” shall be substituted; and
(ii) for the words “three months” the words “two years” shall be substituted.

7. Insertion of new sections 28A and 28B, Ordinance XXXII of 1962.-In the said Ordinance, after section 28, the following new sections shall be inserted, namely:-
“28A. Punishment for practicing without registration.-(1) No person, other than a registered medical practitioner, shall practice medicine or dentistry.

(2) Any person who acts in contravention of the provisions of sub section (1) shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees or with both.

28B. Cognizance of offences.-(1) No court shall take cognizance of any offence under this Ordinance except upon complaint in writing made by the Secretary of the Council or any other r officer authorized’ by it in this behalf by notification in the official Gazette.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),-

(a) it shall be lawful for any Magistrate of first class to pass any sentence authorized by this Ordinance even if such sentence exceeds his powers under section 32 of the said Code; and
(b) an offence under this Ordinance shall, with the permission of court, be compoundable.”

8. Amendment of section 30, Ordinance XXXI of 1962.-In the said Ordinance, in section 30, after sub-section (2), the following new sub-section shall be added, namely:-

(3) Every registered medical practitioner or registered dentist shall obey the Code of Ethics framed by the Council”

9. Amendment of section 31, Ordinance XXXII of 1962.-In the said Ordinance, in section 31, in sub-section (3),-

(i) for the words, comma and figure “Evidence Act, 1872” the words, comma and figure “Qanun-e-Shahdat, 1984” shall be substituted; and
(ii) in the margin, for the figures and word “I of 1872” the letters, figures and word “P.O. 10 of 1984″ shall be substituted.

10. Amendment of section 33, Ordinance XXXII of 1962.-ln the said Ordinance, in section 33,-

(a) in sub-section (1) after clause (g) the following new clause shall be inserted, namely :- .

(b) in sub-section (2), after clause (g), the following new clauses shall be added, namely :-

(h) regulations to prescribe Code of Medical Ethics;

(i) information to be furnished alongwith the application under section 22A ;

(j) prescribing the conditions and requirement for granting recognition under section 22A.”

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