_ THE MEDICAL AND DENTAL COUNCIL ORDINANCE, 1962. Onninance No. XXXII oF 1962 [5th June, 1962] An Ordinance to reconstitute the '[Medical asd Dental Council} in Pakistan. Warnsas it is expedient to consolidate the law relating to the registration of practitioners and dentists and reconstitute the [Medical and Dental Council] in Pakistan in order to estab- ish a uniform minimum standard of basic and higher qualifica- tions in medicine and dentistry ; Now, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of ail powers enab- ling him in that behalf, the’ President is pleased to make and promulgate the following Ordinance :— the Federa! Laws (Revision and Declaration) Ordinance, 1981 ett eedSch Te tor Medeal Counc1962 ; Ord. XXX Medical and Dental Council 673 1.~"[(1) This Ordinance may be called the Medical and sport iti Dintal Cowl Ontinunce: 162). Short (2) It extends to the whole of Pakistan. fest. (3) It shall come into force at once. 2. In this Ordinance, vuless there is anything repugnant Definitions, in the subject. or context,— “ ved hospital” or “approved institution” ® a bespital cr an institution approved by the Connell for the purpose of sub-section (1) of section 23 ; (b) “Council” means the iaaical and Dental Council} constituted under this Ordinance ; (© “dental institution” means any institution which trains for, or grants, or both trains for and grants, degrees, diplomas or ficenwes in dentistry ; (d) “medical institution” means institution, within or outside Pakistan, which trains tor, or gtants, or both trains for and grants, degrees, diplomas or lcesces in medicine ; (@) “medicine” means modern scientific medicine and includes surgery and obstetrics, but does not include veterinary medicine and surgery ; ( “Pakistan University” means any university established by a Pakistan law and having a medical or dental faculty or both ; (g) “recognised additional medica] qualification” means any of the medical qualifications included in the Thicd Schedule ; ) “recognised dental qualification” means any dental @ qualification included in the Fifth Schedule ; i) “recognised medical qualification’ means. any of the é medical qualifications included in the First and Second Schedules, or recognised under section 14 or section 15 ; (j) “Register” means the Register of medical practitioners maintained under section 23, or the Register of dentists maintained ander section 26 ; (k) “regi dentist” means » person registered a9 such this Ordizance ; Subs. by the Medical Council (Amdt) Act, 1973 (10 of 1972), a. 2, for sub-section (1). 2Subs. ibid., 3. 3, for * Medical Council”.674 Medjcal an:’ Dental Cowncil - [1962 : Onl. XXXIL @ “registered medical itioner” means a medical practitioner or provisionally’ régiate: " under this Ordinance ; * (im) “regiatrable medical licence or diploma” means any of the medical licences or diplomas included in the Fourth Schedule ; and {n) gpeenlation” means a Regulation made wnder section Constitution -3_-(1) The '[Federal- Government] shall cause to be con- dition of the stituted? a Council consisting of the following members, Council, . namely — 3{(@) one member to be elected by the National Assembly from amongst its members ; (aa). one member from cach Province, to be nominated by the Provincial Government ; ] 4[(b) one member each to be elected by the members of the Syndicate of each Pakistan University from amongst the members of the medical-faculty ox the dental faculty of the University or, if the University has both a medi- cal faculty and a dental faculty, from amongst the members of the. two facultics ; i 3|(€) four members to be elected from amongst themselves by the registered medical practitioners ;} (@) four members to be nominated by the '[Federal Govern- ment] of whom at least one shall be a member of the Armed Forces Medical Services ; 6[(e} two members ta be elected from amongst themselves by the registered dentists ; (f} one member to be elected by the teaching staff of each medical institution and dental institution in Pakistan from amongst the professors on its staff, if such in- stitution trains for a medical or dental qualification which is for the time being recognised under this Or- dinance ;] 1 Subs. by F. A. O., 1975, Art.2 ans “Table, for " Central Goverranent “ 2 Constituted with effect from the 16th IJuly,, 1964 see Gaz, of P., 1964, Pt. I, p, 272. : 3-Subs. by the Medica! Council (Amdt.) Act, 1973 (10 of 1973), s. 4, for el.(a): 4 Subs. by the Medical Council (Amdi.) Act, 1967 (9 of 1967), §. 2. for 8 Subs. by Act 10 of 1973, s. 4, for cl. fc). 6 Subs. ibid., for cls. (€) and (0.1962::. Ord XXMM Medical.and Denial Council’. «6%. (g).ong member, belonging. to the. legal. profession, to:-be nominated by the.Chief Justice of Pakistan. ; and (A) the Director-General of Health, Goverament of Pakis- tan. : (2) The President of the Council shall be clected by the members of the Council from amongst themselves. (3) No act done by thé Council shell be iavalid on the ground merely of the existence of any Vacancy in, or any defect in the constitution of, ‘the Council. ° : * 4-—(1) An élection andér clause (5), (c). (e) or (f') of sib: section (1) of section 3 shall be conducted by the Councif in‘such manner as it may think fit. (2) Where any dispute arises regarding ‘any cléction: to the Council it shall be referred to the {Federal Government] whose decision shall be final. . 5.—(1) No person.shall be eligible for nomination or election, under clause (a), (6), (d) or (f) of sub-section (1) of section 3 unless he. is a registered medical practitioner or -a registered den- tist, as the case may be. (2) No person. shall be eligible for nomination or election under clause (a), (c) or (e) of sub-section (1) of section 3 unless he resides in the Province concerned. (3) No person shall be eligible for election under clause (6) or (f) of sub-section (1) of section 3 unless he has had at least four years’ experience as 2 Professor, Assistant Professor, ‘Lec- turer or Reader in a Medical or Dental College, as the:case may be. (4) No person may at one and the same time serve as a mein- ber in more than one capacity. 6. The Council constituted under section 3 shall be a body corporate. by the name of the ?[Mcdical and Dental Council], having perpetual sticcession and 4 Common seal, with power to Acquire and hold property both movable and immovable, and ‘to contract, and shall by the said name sue and be sued., nent ne et 1 Subs. by F. A. Q., 1975, Art2 and Table, for * Cental Govora verit”, 2 Subs, by the Medical Council (Amidt.) Act, 1973 (10 of 1973), s. 5, for “ Medical Council’. : . : Mods of election. Restrictions oa Nomina Uons and. elections Tn Corporés tran ol fe Counci!.616 Medical and Dental Cosaeil [1962 : Ord. XKXT' 7-1) The President ofthe Conscl all bold ofice for . tagm not exceeding five Years and not extendiag beyond the meno to the provisions of sub-esctioas (4) and (6), » hold office for a term of five years from the date Of his nomination or cleeton (antl hiv raromaccy en bee duly nominated ‘or elected, whichever is fonger’ : Provided that if rach a member fails to attend three conseco tive meetings of the Cowl, or tena ont of Paean for « cantlanous period exceeding one yesr, of, in the case member, ceases to the particular interest which be was elected to represent, seat shall be deemed to have been vacated and a porson ahall thereupon be nominated or, as the cans cany be, elected, to Gil the vaeaticy: Provided also that a nominated member shall hold office only during the pleasure of the |[Federal Government]: Provided further that a member of the Council, other than the member fominated under clause (g) of sub-section (1) of section 3, shall be deemed to have his seat if bis name is. re- moved from the Register or he becomes insane or is declared an insolvent by any competent court or convicted for a criminal Offence which ita implies moral turpitude, including unprofessional and infamous conduct. (3) Where the sald term of five years is about to expire in respect of any member, his succrssor may be nominated or elected at aty time within three months before the suid term expires, but shall not assume office until the said term bas expired. (4) An elected or nominated member may, at any time, resign his membership by writing under his hand to. the President of the Council, and the seat of such member shall be deemed to have fallen vacant from the date of acceptance of his resignation by the President. (5) A casual vacancy in the Council shal! be filled through election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office for the full term of five years. 6 Notwithstanding anything contained in this Ordinance, the member nominated ‘oviso to clause (¢) of sub- section (1) of section 3 shall hold office for one year. 8.—{(1) The Council shall te alent once in each year at such time and place as may be appointed by the Cou ar Subs. by F. A. O,, 1975, Art. 2 and Table, for “ Central Government”,1962 ; Ord. XXXIlj Medical and Dental Council 67 2 Until otherwise provided by Regulations, nine members of . the Council shail form 4 quorum, and ail of the acts of the Council ahall be desided by a majority of the members present and voting. 9.—(1) The Couneil shall— (a) elect from amongst its members a Vice-President ; (}) coustitute from amongst its members an Executive eee a ie Connell lone emer or special pi as the Council ‘deems necessary to carry out the: purposes of this Ordinance ; (©) appoint e Registra, who may also act as secretaty or ag (d) appoint or nominate such other officers and servants as the Council deems necessary to carry out the pur: poses of this Ordinance ; {e) require aire and take from the Treasurer, of from aay other or servant, such for the due performance of his duties as the Council deems. necessary ; and (f) with the previous sanction of the (Federal Goveram- eat] fix the remuneration and allowances to be paid to the President, Vice-President, members, officers and servants. of the Council. Act anal! Oe All pefsons Appointed or employed under this section xy be deemed to be public servants within the meaning of 1008, tection 21 of the Pakistan Penal Code. 10.—(1) The Executive Cotnmittec shall consist of seven. Executly members, of whom five shall be elected by the Councit from weyesecutve amongst its members. _ (2) The Presideot and Vice-President of the Council shail be members ex-officio of the Executive Committec, and shall be President and Vice-President, respectively, of thet Committee. 3 In addition | to the powers and duties conferred and impede this Ordinance, the Executive Committee shall such powers and duties as the Council ims onl or impose upon it by any Regulations which may be 11.-—(1) The medical ‘qualifications. granted by med. institutions in Pakitan which ave included in the First Schedule Smamntion thal be recognised mest qualifications for the purposes of this qual ‘ Ordinance. “ ° eeliy” ‘Taedical institutions “TSubs. by F. A. O., (975, Art, 2 and Table, for Contral Government», Pakistan,«. 678 Medical and Dental Council [1962 : ord, XXXII (2) Any medical institution in Pakistan which grants a edical not included in the First Schedule may apply to the Fete a Government] to have such qualification. recognised, Government] after consulting the Council, may, by eotlicatne j in the official Gazette, amend the First Schedule so as to include such qualification therein. (3) Such notification may also direct that an entry shal! be made in the last column atthe Fire Schedule against such medical qualification declasing that it shall be a recognised medical qaulification only when granted after a specified date. 12. The medical qualification granted by medical insti- tutions outside Pakisten whioh are included in the Second Sche- dule aball be recognised medical qualifications for the purposes of this Ordinance, 13.—(1) At any time, the Council may enter into negotiations with the appropriate authority in any state or country outside Pakistan fox oe of a scheme of reciprocity for the recog- of medica! and in pursuance of any such mene te WFederal Gow , by notification in the official Gazette, amend the Séopnd soastoinclude there- in any modioel Gualificesion which the Couneil has decided should (2) Such notification may also direct that an entry shall be made in the last column of the Second Schedule against . such medical quatification declaring that val be recogaiged medica qualification only when granted after a specified dat @) The ‘(Federal erat] ches wantin Wi 16 Sond ‘Sekesule by dirwting t the official Gezette, amend the Second Schedule by pation dodetog tak eae respect of any medical ion, declaring that it shell be a recognised medical i only when granted before a specified date. (@ Where the Council has refused to any medical Govetnineai], after consi plication and the Council's reasons for such refusal, may, ‘by: notification in the ficial Gazette, exaead the second Schedule $o as to include qualification therein, e provisions of ub-section (2) shall: apply to such notification. rn Subs, by F. A. O., 1975; Act. 2 and Table for“ Contral Governmeat ",® 1962 : Ord. XXXII} Medical and Dental Council 679 qualifications granted by a medical institition outside | not included in , and of experience gained in any part of possessed of qualifientions which entitle him recognised: as Of vafficiont medical qualifice- {Hous forthe , of nc, Ht samy, wth '{Pederal: ‘ ee exh 5; catifoanon by the the person shall be deemed to be possessed of 36-—(1) The pos grndune medical qualiatons grated by Ase media! dohatel kt oats Piden wits at ita Soe tional medical osdidonal iedeal qualitgsion al to any: condi- tions and only whea ranted before or after date, 17, ‘The modical Hosmocs oc diplomas granted. thedical Ie institutions in ot outside Pakistan which ate ii in the ote Fourth Schedule shall be registerable medical Hicenocs or diplowes. ¢ipiomas for the purposes of this 18.—{1) The dental qualifications (ted. dental insti- Recognition tutions in ce outaide Pakioan which ate inciaded fn the Fits of cesta Schedule shall be recognised dental qualificstions for the pur- by poses of this Ordinance, feat ye wai, AnY deutal inatution in Pakistan which grate » dental io OF outeide not included in the Fifth Schedule may apply to the Feder Gorenenl ts bre rch qcton hotigcation in tee offciat Ganstie: amend the FH: Sehetaie 52 as to include.such qualification therein, (3) Suck notification may also direct that an entry aball: be eee ee hot abel pee eae sych dental qualification decinring deatal qualifica- tiom only when granted after a specified date. toe i Subs. 5. F. A. Os, 1975, Art.2 and Table; for “ Contral Government ",680 Medical and Dental Councit [1962 : Ord. XXXII Power ofthe , 19: If the Council is satisfied that a person is, by reason Counciito of qualifications granted by a dental institution outside Pakistan, vestify oxctain not included iP the Fifth Schedule, ‘and of experience gained perros in any part of Pakistan, possessed of qualifications which et eatitle or ameme him to ‘be recognised as possessed of sufficient dental quslifice- dental. quali-. tions for the of this Ordinance, it may, with the approval fications. of the Federal: i that the person Was possessed wd " of such quelifestions; and, on met ln Comat the person. deemed to be possessed of qualifications w! are recognised-dental qualifications for the of this Ordi- rpc for suck petod and upon fuck cond is 28 may be spe- cified by the Council in this behalf. Power to 20. Every medical or dental institution in Pakistan, which reg . trains for, or grants, of both trains for and grants, a medical information | qualification, additional medical qualification ‘or registerable of study.and medical licence or fiploms, or any degree, diploma or litence examinations. in dentistry, shall fornish such information as the Council may, from time to time, require as to the courses of stady and examin tions to be undergone in order to fo obtain such qualification, as to the minimum. age at which such under-graduste courses of seudy | can be undertaken on admission in the institution con- examinations required to be undergone prior to sich caalifvations being conferred, and generally as to the Tequisites for obtaining. such qualifications. Inspection 21.—{1) The Executive Committee shall appoint such num- of Examina- ber of medical or dental inspectors as-it may deem requisite to attend at any or all of the examinations held by medical or dental institutions in ‘Pakistan for the purpose of granting recognised medical, or additional medical, or déntal, qualifications or’ in tespect of which recognition has been sought. Q) Inspectors 2 appointed under this section shall not interfere with the conduct of any examination, but they shall report to the Executive Committee on the sufficiency of cvery examination which they attend and on the courses of study aad facilities for teaching provided by the medical or dental institution in question at different stages in reapect of such examination, and on any other matters in regard to which the Executive Committee may require them to report. (3) The Executive Committee shall forward a copy of any such report to the medical or dental inattution concerned, aid shall also forward a copy, with the remarks of such medical or dental institution thereon, to the [Federal Government]. Withdrawal 22—{1) When, upon report by the Executive Committee, it’ of recogni. = appears to the that the courecs of study and examinations tion, to be gone in any medical or denta! institution in Pakistan in order to recognised ‘medical, or additional medical,’ dental, qualification or that the standard of profici iequired from candidates at any examination held for: ‘the parpone of granting such qualification is not such as to secure to persons 1 Subs. oF A. G., 1975, Art.2 ee Cential’ Gaweniesel”,1962. :.Ord. XXXH) = Medical and Dental Counell 68). ~ (2) Alter considering such representation, the ![Federal Gavel nl ora is lone wi ch rears any choose to make, to. the medical or dental institution. with intimation of the ‘period within Which the odie! or" deal institution may sobmait its _ Sxplanation to: the '{Federa? Cn the receipt of the jon of, where no subaaitted wit in the od fixed, then on the Government HEAR pee dis Sbedale Modital of dental qualifottion, dedarics iat i ani Cena edditions! medical, | dental, qualificati oatyahen pranted before 8 of ion cecfictl Te Coit inl oan Register of medica! Pa qualiieatons f Suc parpoor ot this Ondinnsee tad many for Whe nesear Cnet the nevaeacy nicer pals tobe entered in At Pravided thit on or after a date to be fixed by the Counc no medical practitioner shall be registered on the Register un- (a) he hes been provisionally fegiatered under the second proviso. to this sub-section and. has- thereafter. been: Cee ee a te ce aan eee ee or more approved in medicine, yaa mid reedy or tee or x ee ee neta aay ea or (b) he bas worked in such appointment or ointments as, in the opinion of the Council, may be: deemed to have provided him with of the practice ef medicine, surgery an and midedfery, not Ieee extensive than that required under cause (6) above: Provided also that on and after the date fixed under the above of the Register on bis farnishing to the effect that he fas been selected for a resident a; piniect tia an Approved howpital or spproved ineuiation, # for all to bea registered medical prattioner ane he is acting in cay ea capacity, but not otherwise: Provided further that the name of apy person ‘ovisionall went frhr tat he mame of xy penn provisos , bo removed from the separate part of the Registér. Maintenance of medical Register. a , 1 Subs. by F.A.0., 1975, Art. 2 aud Table, for “Central Governssent:7.in the may. to. the to-enter ion: as additional Register. {and the Council shall, i satefed that the a t is entitted to the is: of whith the.» is made, direct that the sald ‘additional medical quali- potas li 25, The Ca cl al on poening ble persons, isto! tioners possessing regiatral ee licences o or a Re which ‘t included in the Fourth Sched a Regulation direct the necessary parti- ‘inonnes, cular to be entered in the list. Registers to 77. The maintained under section 23 or section 26 = Pablic shall be to be public document within the meaning of the Evidence Act, 1872, for a) Whoever weeited ee” or attempts to procure Paudeleat himaalf uumdor this Ordinance as w medical prac: copreseuta- tion. ren & sll ps ae or causing to be made ae or produced any fales or representation or declaration, and Davtal Comeil ' (962 Ord, XC fication be entered in the Register against the name of that appli- 1_ of 1872.ry 1962 : Ord. XXXII] Medical and Dental Council 683 29.—(1) Notwithstanding anything to the eontrary contained in any other law for the time being in force, no one, other than a registered medical practitioner or a registered deatist shall: be competent to hold any modical or dental i it in a medi- cal or dental college or itt ettachad hoaphale of as a Cote sioned Medisal ot Dental oe hoe ba man te of the Attmed Forces or a8 Medioal or: Dental ‘Ph any héegital, asym, infirmary, dispensary of Y saatitnitied or- aided by any Government, Railway or local aut . (2) Notwithstanding ling anything to the contrary: containot in any other law for the time in. Joree, ito. teqnired by any sue Jaw to be obtained froma retical oc.dental prac- titioner shall be valid it is signed by & registered medical practitioner or a registered dontist, asthe case may. be. (3) No.person shall be entitled to recover any charge in any court of law for any medical or, surgical advice or attepdance, or for the performance of afiy operation, or for any medicine préacribed or supplied unless he shail prove upon the trial that he is a duly registered medical practitioner or 8 registered dentist. 30.—(1) Every registered medical practitioner or registered dentist aa notify an gransfer of the place of his.residénce or practice to the Council within thirty on of such transfer, fail- ing which his right to participate in. the election of members to tre eal shall be lable to be forfeited by ore of the Moca Govérgment] either permanently or for such period a3. may be spetified therein, (2) No registered person shall use or publish in any way whatsoever name, title, description or sym indicattog or calculated to lead persons to infer that he possesses any additional or other professional qualification unless the sqmye has been confetred upon him by a legally constituted authority within or outside Pakistan. 31.—(1) The Council in its discretion may refyse to permit the registration of any nor direct the or for a specified period from the Register of tee .oame of any registered medical practitioner. or rogi t who has been convitted of any éuch « as es-in the opinion of the opportunity ins been given to sch patape to be tear in pone opp ty has gives, parca. . in or through advocate or pleader, has been held by the Counell as guilty of infamous conduct in any professional respect or who has shown himeelf to be unfit to continue in practice gn account of mental ill health or other grounds. The ii may also direct removed fr the Rogier wader ey ako dict Lan name om '3) For the purpose of an inquiry under sub-section (1 the Gounal shall be Goerend to'be'€ ert avatin tee ese a a a ‘Bula, by FA, G., 1975, Art. 2 aiid Table; for “ Contial Goetrinndier, ” Privileges of aie and dentists. i:684 Medical ond Dental Council © (1962 : Ord. XXXU1 of the Evidence Act, 1872, and shall exercise ali the powers of a {Civil Court for summoning the witnesses, for compelling the production of documents and for issuing commissions]. deni 32 No suit, prosecution ot other legal shall Tndomaity. lin sata te Cecnobant te Coed ot tay Commies ene of, of any officer of servant of the Goverument or Council for which is in good Fai or intended to under tng Ondimace. The Council may, with the previous sanction of the Power 33.—(1) Fore og: 2{Federal Goverament], make Regulations genetally to carry out Tatlona. the purposes of this and, without prejudice to the generality of this power, such Regulations may provide for— (a) the management fof the of the Council and the maintenance and sudit of its accounts ; (8) the summoning and holding of meetings of the Council, the times and places where such mectings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum ; (c) the powers and duties of the President and Vice- President ; (2) the ‘mode, of appointment of the Exooutive ' Com: mittee. and othey Committees, the summoning and holing of mectigs, and the conduct of bine of euch Committees ; (€) Ge tenare af office, and the powers and duties of the Registrar and other officers and servants of the Council; appointment, powers duties and procedure of medi- OO aor ane dental inspectors ; Rosen Ue chtcged for region, Ged, if occosary, for openiig of sub-offices or branches for this purpose ; (A) the Prooedurs at an inquiry held under sub-section (1) of section 3] ; and A pod ‘aatter for which under this Ordinance provision A be made by Regulations. Pro (2) Notwithstanding an contained in sub-section (1) the Council shall make which may provide for— (peers « wre niu made of coun ” Ws ORevisoo und Deceretion) Ordinkaoa, soar Sab'ed tathe at 3 and Sch for corals merde, Male. by P.A.-0., 1975, Att. 2 and Table, for “ Central Governmiont”. 1 of 1872,1962 : Ord. XXXII) Medical and Dental Couacil of training for obtaining graduate and post-graduate medical and dental qualifications to be included or included respectively in the First, Third and Fifth Schedules ; (b) prescribing nlinimum requirements for the conteat and duration of courses of study as aforesaid ; {¢) prescribing the conditions for admission tu courses of training as aforesaid ; (2) prescribing minimum qualifications and experience required of teachers for appointment in medical and dental institutions ; {e) prescribing the standards of examinations, methods of conducting the examinations and other requirements to be satisfied for securing recognition of medical and dental qualifications under this Ordinance ; ({) prescribing the qualifications and experience required of examiners for professional examinations in medi- cine and dentistry antecedent to the granting of re- cognised medical quatifications ; (g) registration of medical er dental students at any medi- cal or dental college or school or any university and the fees payable in respect of such registvation. 34.1) The Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the 3 YUFederal Government] as it may require. : (2) The |[Federal Government] may publish, in such manuer as it may think fit, any report, copy, abstract or other informa- tion furnished to. it under this section or uader section 21. 35.—(1) Whenever it is made to appear to the 1{Pederal Government] that the Council is not complying with aay of the provisions of this Ordinance, the (Federal Government] may refer the particulars of the complaint to a Commission of Tuquiry consisting of three persons, two of whom shali be appointed by the {Federal Government}, one being a Judge of a High Court, and one by the Council ; and such Commission shall proceed to inquire in a summary manner and to report to the '[Federa! Government] as to the truth of the matters charged in the com- plaint, and in case of any charge of default or of improper action being found by the Commission to have been estublished, the Commission shall recommend the remedies, if any, which aze in its opinion necessary. (2) The [Federal Goverment) may require the Council to, 1Subs, 10), 1975, Ait! 2 and Table, fos “Central Goverament™, 685 Commission of Inquiry.