I'

REGISTERED No. M - 302

L.-7646

of.

ISLAMABAD, WEDNESDAY, JANUARY 9,2019

PART I

Acts, Ordinances, President's Orders and 'Regulations

GOVERNMENT OF PAKISTAN

MINISTRY OF LAW ANP' JUSTICE

Islamabad. the 81h

.
January.
.'
2019
..

No. F. 2(1)/2019~Pub.-The following Ordinance Promulgated by the.

President on 5th January; 20 19is hereby published for general information:-

ORDINANCE No. II OF 2019

AN

ORDINANCE

To provide for Ihe regulation and control of the medical profession and 10
establish a uniform minimum standard of basic.medical educalion and
training and recognition of qualifications in medicine and dentistry.

WHEREAS it is expedient to provide for the regulation and control of the

medical profession and.to establish a uniform minimum standard of basic medical
education and training, and recognition of qualifications in medicine and dentistry;
(3)
Price: Rs. 40.00
[19(20 19)/Ex. Gaz.]
 4 THE GAZETTE OF PAKISTAN, EXTRA" JAN. 9, 2019

AND'WHEREASthe Senate and the National Assembly is not iri se'ssion a~d
the President is satisfied that circumstances exist which render it necessary to take
immediat~ action;
.~
NO~ ,THEREFORE,in exercise of p~wers conferred by clause (1) of Arti~le
89 of the Constitution of the Islamic Republic of Pakistan the President is pleased to
. make and promulgate the following Ordinance':-

1. Short title, extent and commencement.-,-( I) This Ordinance will

. be' called the Pakistan Medical and Dental'Council Ordinance, 20 19 '
-j
" : .
. (2) It extends to the whole of Pakistan,

, ,:, (3) .It shall come into force at once:' ", J;,
, ,
.. . 2. ',Definitions.-' In this 9rdinance, unle~sthere is anything repugn'ant
in the subject or context,- " " ' '
, "

(i) "affiliated college" or "affiliated institution" means a' college or

institution affiliated to the University, but not maintained or administered
.~~. " '

I, (ii) "approved hospital or institution" means ahospital or an institution

in~luded in the'Sixth Schedule; "
I .
....
,

, ,
I
(iii) "basic science faculty" means faculiy in a medical or dent~1 college
or medical or dental university as the Case may be, involved in teaching
the baSic,n~n-ciinical medical sciences, including anatomy, physiology,
pharmacology, immunology,- pathology, forensic sciences, and othe'r
medical or dental sciences not involving direct patient' care;

(iv) "clinical faculty" means a medical or dental practitioner involved in

direct patient care in a recognized medical or dental college or medical
and/or dental university, including medicine, Surgery, pediatrics. '
-gynecology and obstetrics, ,radiology, ophthalmology and their
specialties, dental, orthodontics and any other current'or future •
disciplines in~olved in direct ~atient care; ,

(v) "Council" means the Pakistan Medical and Dental Council (PM&DC)
constituted under this Ordinance;

(vi) "continuous professional development" means skill enhancement

and improvement in personal ,and professional competence which
may- of'.
~.,

PARTI] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 5

(i) comprise lectures, seminars, courses, individual study or other

activities undertaken by a registered medical or dental practitioner;

(ii) reasonably be expected to advance a registered medical or dental

practitioner's development in his related profession; and

(iii) •
is relevant to the practice of registered medical or d~ntal
practitioner;

(vii) "committee" means any committee constituted under this Ordinance;

(viii) "constituent. college" or "constituent institution" means a college

or institution maintained and administered by a Medical University;

. (ix) "continuous professional development opportunity provider"

means an organization providing continuous professional develqpment
opportunities ana included in the Seventh ScheClule;

(x) "dental institution" means any institution; recognized under this

Ordinance, with.in or outside Pakistan, which trains for, or grants, or
both trains for and grants, degrees or"diplomas in dentistry;

(xi) "house job or foundation year or internship" means hands on

training in clinical subjeCts on a rotational baSISin an approved hospital
or institution afterprovisionaJ registration as a pre-requisite for full
registration under section 30;

(xii) "medical in~titutio.n" means any institution recognized under this

Ordinance, within or outside Pakistan, which trains for or grants or
both trains for and grants degrees or diplomas in medicine; .

(xiii) "Medical Tribunal" means Tribunal constituted under section 35;.

(xiv) "medicine" means modem scientific medicine and includes surgery

and other disciplines, but does not includes veterinary medicine and
surgery;

(xv) "Ministry" means the Federal Ministry concerned with the affairs
with the council;

(xvi) "Medical University" means any university established under

Pakistan law having without exception a constituent medical college,
dental college, nursing college, and allied health college, with at least
three Ph.D progr~mmes duly recognized by the Council. .•
 6 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 [PART,[

(xvii) "President" means President of the Council;

(xviii) "prescribed" means prescribed by rules or regulations under this

Ordinance, as the case may be;

(xix)" "recognized medical qualification" means any basic medical

qualification included in the First Schedule; ,r

(xx) "recognized dental qualification" means any basiC dental,

qualificiltion included in the Fifth Schedule;

(xxi) '''recognized additional medical or dental qualification" means

any additio~al medical or dental qualification included in the Third:
Schedule;
. ,
(xxii) "Register" ,means' the Register of med ical practitioners or the
, Register of dental practitioners maintained under this Ordinance;
"

, (xxiii) ,,'regis'teredmedical practitioner" means a medical practitioner

whose. name is included in the Register mailitaineifullder this Ordinanc~; .
-'

(xxiv) , "registered dental practitioner" means a dental practitio,ner ",:hose'

, name is included in the Register maintained under this Ordinance;

(xxv) "Regulations"
. .
mean regulations made under this Ordinance;
. . . .
,

(Xxvi), "registerable qualifications" mean medical or dental qualifkations,

, " ,recognized under the provisions of this Ordinance; and

(xxvii) "Rules" mean rules made under section 43 this Act;'

3. Constitution of the Council.--(l) As soon as may be ilfter the

comme'ncement of this Ordinance the Prime Minister of Pakistan shall establish, in
accordance with I the. provisions of this Ordinance, a Cou~cil'to be call~d the Pakistan
,
Medical and Dental Council.

,."(2) The Council shall be a body corporate by the name of the Pakistan
Medical and Dental Council having perpetual succession and a common seal, with
power, sul;lject to the provision of this Ordinance, to hold and dispose ofprope'rty, to
enter into contracts and shall in the said name sue and be sued.

(3) The headquarters of the Council shall be at Islamabad ..

 PARTIJ THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 7

4. Composition of the Council.-( I) The Council shall comprise of

the following members to be notified after approval by the Prime MinisterofPakistan
in the official Gazette, namely:-

(a) three Members of civil society who shall be nominated by the

Prime Minister of Pakistan from amongst nationally recognized
philanthropists, professionals or persons of known repute;

. (b) four members being one faculty member from the clinical faculty of a •
Public Medical college or University, from each, province nominated
by the Provincial or relevant government of the respective province or
territory. The nom ihated member must be at least at the rank of
Professor, with ten years experience as a clinical practitioner and
teacher, and of outstanding merit;

(c) four members being one faculty member from the basic science faculty
of a Public Medical College or University, from each province
nominated by the Provincia! or relevant government of the respe.ctive
province or territory. The nominated member must be at least ~t the:
rank of Associate Professor, with ten years experience as a teacher, <

and of outstand ing merit. < •

(d) two members being members of the clinical faculty selected by the
Prime Minister of Pakistan from the Private medical colleges, meeting
the same criteriil: as the nominees from the Public Medical Colleges
as in (b) above.

(e) two members being one faculty member from the clinical faculty ofa
Public Dental College or Medical and Dental University,. from the
Punjab and Khyber Pakhtunkhwa on a rotational basis~ and one from
the Sindh and Balochistan province on a rotational basis, nominated by I
the Provincial government of the respective combined provinces. The
nominated member must be at least at the rank of Associate Professor,
I
with ten years experience as a cl inieal dental practitioner and teacher,
and of outstanding merit.
I
(f) one member being a nominee of the President of the College of
Physicians and Surgeons Pakistan not below a Councilor; and
I
(g) one member being a nomineeofthe Surgeon General of the Armed
Forces Medical Service.

. (2) After the notification of the members of the Council the Ministry shaN
forthwith and not later than fifteen days of the issuance of notification, call the first
I.
 8 -- - '-
THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 [PART I

meeting of the newly constituted Council'for the purposes of electing the President
and Vice-President of the Council. A minimum of eleven members of the Council,
shall constitute a quorum forthe purposes of the first meeting of the Councilor any
other meeting wherein an election is to be undertaken.

(3) The President and Vice-President shall be elected from amongst,

the members of the Council selected under clauses (a), '(b). (c), and (d) of •
sub-section (I). I

(4) No member shall enter upon office of the member of the Council until -
he signs and submits a declaration of no con~ict of interest.

(5) The Council shall be deemed 10 be not 'properly constituted if its

membership falls below twelve mem'bers.

(6) Subject to~ub-section (5) No act done by the Council spall be invalid
on 'the ground merely of existence of any vacancy in or any defect in the constitution'
of the Council.' .
'.

5. Mode of .election.-. (I) An- e'lection under sub-seciion (~) of' . ,

section 4 shall. be conducted
.
by the
'.
Council as may' be prescribed
.
by the Regulations:':
, ,
, (2) No election to"an ,office ofth~ Council shall be called in question
except by, an ejection petition presented within ten days to the Medical Tribunal
constituted under this Ordinance. The Tribunal shall decide the election petition
withi~ thirty days ofthi fiUng of the same and its decision thereon shall be final.

6. ,Restriction~ on nominations and elections.-{I) No"person, hi~

spouse or children siJali be eligible to become member of the Council if he or any
one of them has any conflict of interest being an owner or having any'direCt or"
indirect financial interest in a medical or dental institution. .

7. Terms of office.-( I) The President and Vice- President of the Council

shall hold office [o'r aterrti not exceeding three years or n.ot eXle~lciingbeyond the
expiry of his term. as .member of the Co~nciI, whichever is less. "

(2) Thetemi of a member nominated to the Council shall be three years

unless' earlier withdrawn. by, the nominating' entity in a manner prescribed by
Regulations. The~sha11 be eligible for re-appointment to the Council for a second
term, but shall not be eligible for a third term. ,

(3) If a member' fails to attend three consecutive meetings of the Council.

without any valid reason or remains out of Pakistan for a continuous period exceeding'
one year, he shall cease to be the member of the Council. j
 PARTI] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 9
. .
(4) The member including the President and the Vice-President of the
Council shall be removed by the Ministry-
•

(a) if the Council decides by a three fourth majority that his membership
is not in the interest of the Council; or

(b) his name has been removed from the Register of practitioners as a
result of inquiry under this Ordinance; or

(c) he becomes in sane or is declared an insolvent by a competent court;

or

(d) he is convicted for a cnminlil offence involving moral turpitude, including

un-professional and un-ethical conduct as provided for under this
Ordinance; or

(e) his nomination is withdrawn in accordance with Regulations by the

entity nom inating such member.

(5) If the membership of a member is called in question on any of the

reasons provided under sub-section (4) shall be deemed suspended until the issuance
. ofa notificatiqn of removal by the Ministry under sub-section (4).

(6) Where the said term of three years is about to expire in respect ofuny
member,his successor may be nominated or elected at any time within three months-
before the expiry of said term, but shall not assume office until the expiry of the said
term.

(7), .An elected office-bearer or nominated member may, at any time, resign
his membership by writing under his hand addressed to the President and the seat of
such member shall be deemed to have fallen vacant from the date of acceptance of
his resignation by the President. . "

(8) A vacancy i~ the Council shall be filled through nomination, and the
person nominated to fill the vacancy shall hold office for the remaining term of the
vacancy. Any nomination required to fill a vacancy shall be submitted within fifteen
days of such vacancy having occurred.

8. Meeting of the Council.-{ I) The Council shall meet at least once

in three months at such time and place as may be decided by the President.

(2) A minimum often members of the Council shall form a quorum, except
an elective meeting, and all of the acts of the Council shall be decided by a majority
of the members present and voting.
 /

10 'THE GAZETTE OF PAKISTAN: EXTRA., JAN. 9, 2019 [PART"I

(3) The Registrar shall act as secretary to the Council in all meetings of
the Council.

9. Powers and functions of the Council.--{I) The Council shall have

the power of general supervision over the working of the Counci I and shall hold the
President, Vice-President, Registrar, Committees and other authorities of Council
accountable for all its functions. The Council shall have all powers not expressly .',
vested in any other Authority or officer by any other law where such powers not
expressly mentioned in this Ord.in'ance are necessary for the performance of its
functions.

(2) Without prejudice to the generality of the foregoing powers and

notwithstanding anything contained in any other law for the time being in force, tlie
Counci Ishall have the following powers namely:- , " .

(a) to provide for all matters relating to welfare, terms and conditions of
service and appointment of aIIofficers and other employees of Council
including, with theapproval of the MinistrY to issue compulsory golden
handshake scheme for the employees of the Councilor such other
severanc.e package, as it'may ?eem proper;.
, ..
, .
(b) 'approve the pn:ip?sed annual plan of work including key perfonnance
indicators, the annual and revised budgets, the annual report and the
annual statement of account; . " , .'
(c) . approve strategic plans and approve' financial resource development
'plans of PMDC; . '., ',I "

(d)" to develop accreditation standards" for medical and dental programs .-,
of study' based, predominantly in Pakistan and for assessment of
international medical graduates for registration in Pakistan;

(e)" to assess programs of study based predominantly in Pakistan Icading

to general or specialist registration of the graduates of those programs
,to practice medicine and dentistry in Pakistan to determ ine whether
the programs meet approved accreditation standards, and to make
recommendations for,improvement of those programs; .

(t) to assess and grant recognition to medical and dental institution which
train or grant"or both train and grant medical and dental qualifications
and the qualifications granted by it leading to registration of the
graduates of those programs to practice medicine il) Pakistan, to
, determine whether the institutions meet approved accreditation
standards;
 -PARTI] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 II

(g) to assess authorities in other countries that conduct exam inations for
,registration in medicine and dentistry, or that accredit programs of
study relevant (0 registration in medicine and dentistry, to decide
whether
' persons who. successfull)' complete the examinations or
programs of study conducted or accredited by those authorities would
have the knowledge, clinical skills and professional attributes necessary
to practice medicine and dentistry in Pakistan;

(h) to assess, or oversee the assessment of, the knowledge, clinical skills
and professional attributes of overseas qualified medical and dental
practitioners who are seeking registration in medicine and dentistry
whose qualifications are not approved qualifications under the
Ord inance pursuant to Regu lations;
)

'(i) to assess the case for the recognition of new medical and dental
specialties;

(j) to advise the Federal Government and the Provincial Governments on

• proposals for gran'ting a Charter to 'award degrees in the field of
medicine a'nd dentistry, both in public and privat~ sector;

(k) to' advise the Federal Government and the Provincial Governments,
Health"Care Commissions, Regulatory bodies in the field of medicine
, and dentistry and any other Authority or local body on matters within
the powers ofthe Council under the Ordinance and ancillary and
incidental thereto; "

,(I) to work with intemational health, accreditation and testing authorities

and agencies, to bring about improvement in the furtherance of these
,objectives;

(m) to advise and recommend to the Ministry the remuneration and

allowances to be paid to the President, Vice-President, and Council
mem bers, officers and servants of the Counci I, wh ich shall be
detennined and fixed by the Ministry;

(n) to fix the salaries and remuneration ot'the officers and servants of the
Council,

(0) constitute from amongst its members or outside experts such

Committees as the Council deems necessary to carry out the purpose
and functions of the Council; and
 , ,

12 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 [PAltTI'

(p) to do all such maltersas are ancillary to, convenient for or which
foster or promotc the advancement of matters that are the subject of "

these objectives.

(3)' The ~ouncilmay, of its own motion or otherwise, call f~r'and examine
the record of any proc~edings in which an order. has been passed b.y any officer,
committee or authority of the Council for the purpose of satisfYing itsel f as to the
corre~tness, legality or propriety of any finding or order and may pass such orders
as it may deem fit:

Provided that no such order shall be passed unless the person to be affected
thereby is affdrded an opportunity of being' heard.-

10. Principal Officcrs.-The following shall be the principal officers of

the Coune;;, lIamely:- ' " , '

'(a) the President;

, (b) Vice-President ,r.

(c) Such other persons as may be prescribed by the Rules to be the principal,
officers of the Council. '

II. The Prcsidcnt.41) The President'sha!! be the head of the Council,

and Chair its meetings. In his absence, the Vice-Presid~nt shall chair the council
, meeting and perfoml the functions of the' President Jor that ineeting.
, ,.

(2) The Council shall'appoint' a Registrar and Director F)n~nce, in the

manmir.prescribed by Rules,-to carry out the p'urposes of this Ordinance.
,
(3) The Council shall appoint such officers, officials and servants on regular
basis or contract as the Council deems necessary, to ,carry out the purposes of this
Ordinance.

12. Registrar.-( I) The R~gistrar shali be the chief executive officer

and principle accounting officer of the Council and will be responsible for facilitating
and carrying out all administrative affairs and functions as direct~d by the Council.
He shall ensure that the provisions of the Ordinance. Rules and Regulations arc
faithfully observed in order to promote the general efficiency and good order orihe
Council.

(2) The Registrar shall report to the Council and shall,-

 /
PART I]
THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 13
.(a)

(b)
be the custodian of the common seal and the records of the Council;

maintain a register of registered medical and dental practitioners in

I
the prescribed manner;

(c) coordinate the process of election, appointment or nOI11ination of

members to the various authorities and other bodies in the prescribed
manner; and
i . I
(e) perform such other duties as may be prescribed or delegated to him,
by the Council.

(3) The term of office of the Registrar shall be for a fixed terrn of three
years, which may be renewed by Council for one more tenn of three years. The
incumbent shall not be eligible for appointment after completion of the second term:

Provided that the Council may, on the advice of the President, terminate the
appointment of the Registrar on grounds of inefficiency or misconduct in accordance
with prescribed procedure.

13. The Director Fi.nance.-{ I) There shall be a Director Finance of

the Council to be appointed by the President on the recommendation of the Council,
on such terms and conditions as may be prescribed.

(2) The experience. and professionaland

. academic qualifications necessary"
for appointment to the post of the DirectorFinance shall be as may be prescribed.

(3) The Director Finance shall be the chief financial officer of the Council
and shall,-

(a) manage the assets,. liabilities, receipts, expenditures, funds and

\ investments of the Council;

(b) prepare the annual and revised bu.dget estimates of the Couhcil and
present them to the Council for approval and incorporation in the budget
by the Council; .J

(c) ensure that the funds of the Council are expended on the purposes for
which they are provided;

(d) have the accounts of the Council audited annually so as to be available

for submission to the Council; and
 I

14
THE GAZEITE OF PAKISTAN, EXTRA., JAN. 9, 2019
[PART I
(e) perform such other duties as may be prescribed.

(4) The term of office of the Director Finance shall be a fixed term of.
three years. The appointment may be renewed by council for one more' term of
3 years. The incumbent will not be eligible for appointment after completion of the
second tenn. Provided that the Council may, on the advice of the President, terminate'
tJle.appointment of the Director Finance on grounds of in-efficiency or misconduct
in accordance' with prescribed procedure. I

14: Comnlittees of the Council.-The Coun'cil shall have the power to

constitute necessary committees for undertaking the functions of the Counciland to ~
assist the Council in exercise of its powers. The' Council shall delegate such pmvers
to the committees as may be prescribed by Regulations: These powers shall be
exercisedin the manner prescribed by Regulations. • .

15; Recognition of medical institutions, Medical University and

qualifications.-( I) The Council shall be res'ponsible for the grant of recognition to'
medical institution, Medical Universities \vhich train'or grant, as the case may. be, .
.mepical qualifi.cationsand the qualifications granted by it. On the recommendation
ofthe Council such medical institution or qualifications shall be included in the First
~chedule by the Minjstry by liotifica'tion in the official Gazette.' Entry .in the Firsi'
Schedule will be proof of due recognition bythe Council and shall entitle the medical
institution to train and grant or both train and grant medical qualificatio~smentioned
therein after the date of notification. .
\

(2) Any medical institution or Medical UniversitY requesting recognition

in pursuance ofsi,b~scction (I) may apply to the Council fo~the same in the prescribed
manner ..

..
(3) Upon receipt of ap'plication made in pursuance of sub-section (2) the
Registrar shall scrutinize the application and if satisfied that the application is in
confonnity with the prescribed procedure, shaUplace thea:pplication on the agenda
. of the upcoming meeting 6ft1le appropriate Evaluation.Committee for its consideration
and appointment ofinspeetors for carrying out the inspection of the medical institution
as prescrib.ed. in case the application is found to be deficient and required infonnation
has not been provided, the Registrar shall, within fifteen days of receipt of application,
return the same for a revised re-submission.

" (4) After inspection, if the Evaluation Committee is satisfted that the medical
inslitution has the prescribed infrastructure and faculty to train and grant medical
qualification, it shall recommend 'the same to the Council for approval. r I'approved.
the Council shall recomme~d the Ministl)' for recognition of the medical institution in
tenns of sub-section (I). i
 PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 15

(5) The Ministry upon receipt of recommendation of the Council shall

cause the name of both the medical institution and the qualification it intends to grant
to be included in the First Schedule by notification in the official Gazette within
fi fteen days.

(6) An Institution aggrieved by the order of the Ministry may prefer an

appeal to the Medical Tribunal constituted under this Ordinance. The Medical Tribunal
shall decide the appeal within. sixty days .

. 16. Power of the Council to certify certain persons to be possessed

of sufficient medical or dental qualifications.-{ I) If, after an examination as
may be prescribed by the Council, the Council is satisfied that a person holding a
qualification granted by a medical or dental institution outside Pakistan, and which is
registerable in the jurisdiction in which it was awarded, is possessed of sufficient
knowledge and skill to be registered as a practitioner for the purpose of this Ordinance.
it may recommend to the Ministry to issue a notification in favor of such person to
register him and his qualification. Upon such notification, the Council shall register
the qualification possessed by the person without it being entered in any of the
Schedules of this Ordinance. .

(2) For. those who, in addition toa basic medical or dental qualification
which is registerable in ,the jurisdiciionin which it was awarded, also possess
postgraduate qualification(s) ~hich are recognized by the Council, no further
examination will be required and the Council may then recommend to the Ministry
to issue a notification in favor of such p.erson to register him and his qualifications.
Upon such notification, tlie Council shall register such recognized qualifications
possessed by the person. On the recommendation ~f the Council such recognized
additional qualifications shall be included in the Third Schedule by the Ministry by
notification in the official Gazette ..

(3) The Council shall register the qualification referred to in sub-section

(I) by maintaining a separate list in the Register.

17.. Additional medical or dental qualifications and Institutions.-

(I) The Council shall recognize postgraduate medical and dental qualifications or
diplomas given by the College of Physicians and Surgeons of Pakistan.

(2) The Ministry on the recommc.ndation of Council may grant recognition

.to any post-graduate medical ordental institution in Pakistan which train or grant or
both train and grant additional or alterative qualifications apal1 from those already
provided by the College of Physicians and Surgeons of Pakistan. On the
recommendation of the Council such recognized post-graduate medical or dental
institutions or such recognized additional qualifications shall be included in the Third
Schedule by the Ministry by notification in the official Gazette.
 16
THE GAZEITE OF PAKISTAN, EXTRA" JAN. 9, 2019 [PART I .
18, Recognition of foreign additional medical 0/' dental
qualilications.-The Council shall evaluate any additional or alternative medical or .
dental qualifications granted by any foreign institution'and may~

(a) recommend to the Minist/)' that such institution or qualifications be- ,

(i) recognized and included in the Third Schedule as provided In

section 17; or

(ii) notity it only and shall not be included in the TI~irdSchedule, however,
a separate list thereof shall be maintained; or

(b) proceed as per section 16 or 21",as the ca~e may be. '

19. 'Recognitio,n of continuous p,rofessional development

opportunity providers.-{I) The Minist/)' on the recommendation of the Council
may grant recognition to any organization'in Pakistan, \vhich provides OPPO!1llllities
of continuous professional development to the registered medical and dental
practitioners. On the recommendation of the Council such rec'ognized organization
shall be included in the Seventh Schedule by th~ Minist/)' by notification in the,
official Gazette, Ent/)' in the Seventh Schedule will be proof of due recognition by;'
theCouncil and sh~1Ientitle the organization to provide opportunities'of c9ntinu~us
professional development to the registered med ical and dental practitioners after the,
d~t~ or'notification. " '. , "

(2) Tlie provision of sub-section (2), (3), (4), {5), a'nd (6) of section 15
shall apply mutatis mutandis for the recogilition of such organization, '
. . ".", '.
"
, ,

(3) A separate list of international continuous professional developmen(

opportunities providing organizations or institutes shall be maintained by the Council.

20. Recognition of dental institutions and qualifications.-( I) The

"Council ~ay grant recognition to any dental institution in Pakistan which train and or
grant dental qualifications.as ihc case may be and the'qualifications granted by it.
On the recommeildation of the Council such dcntal institution or qualifications shall'
be included in the Fifth Schedule by the Minist/)" by notification in the officia', Gazette.
Ent/)' iri the Fifth Schedule shall bc proof of due recognition by the Council and shall
en'title the dental institution to train and grant or both train and grant dental qualifications
mentioned therein after the date of notification.
.',

(2) The provision of sub-section (2), (3), (4), (5), and (6) of section 15
shall apply mutatis mutandis for the recognition of such dental institutions and
qualifications. ';
 I.

PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 17

21. Recognition of hospitals or institutions for house job or

internship or foundation year(s) training.-( I) The Council may grant recognition
to any hospitals or institutionsin Pakistan which train for house job or internship or
foundation year as the case may be. All such recognized hospitals or institutions
shall be included in the Sixth Scheduled by the Ministry by notification in the official
Gazette. Entry in the Sixth Schedule will be proof of due recognitioll by the Council
and shall entitle the hospital or institution to train for house job qr internship or
foundation year after the date of notification.

(2) The provision ofsLib-section (2), (3), (4), (5). and (6) of section 15
shall apply mwmis mutandis for the recognition of such dental institutions and
qualification~.

22. Inspection.-;-( I) The Council shall approve a list of inspectors and

the President shall commission such number of medical or dental inspectors from
the approved list, as he may deem appropriate, to inspe.i:t the facilities for training
available at the medical or dental institutions and attend at any or all of the
examinations held by medical or dental institutions in,Pakistan recognized under this ,
Ordinance for the purpose of granting recognized medical or dental or additional
medical or dental qualifications.

(2) Inspectors appointed under this section shall form a comprehensive

report on the prescribed format about the facilities for tra'ining in the institution and
shall not interfere with conduct of any examination and shall report to the Council on
the standard of the inspected examimition which they attend and on the courses of
study and faci Iities for teaching provided by the medical or dental institution inspected
for different stages leading up to examinations and on any other matters in regard to
which the President or the Council may require them to report.
. .
(3) The President shall forward a copy of any part of such report to the
medical or dental institution concerned for its remarks and shall forward a copy,
with the remarks of such medical or dental institution thereon along-with its
recommendation, to the Council.

(4) ( I) The Council may authorize any of its officers or its inspectors to
enter the premises of a Inedical or dental college or institution or other such institution
for purposes of inspection.

(2) A medical or dental college or institution or other recognized institution

shall, ilt all reasonable times, be open for inspection by an authorized officer under
sub-section (I) and the medical or dental college or institution or other recognized
institution shall provide such officer every assistance and facility in performance of
his duties.
 , I,

18 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 [PART 1

(3) The authorized officer shall, within forty~eight hours of the inspection,
, submit his inspection report to the President or the Council.

(4) The Council may authorize any of its officers to undertake investigation,
in the manner it may prescribe, in any matter with regard to its functions and to seek
any specific information, from any person, which the Council may deem useful in
order to enable it to determine and dispose of such matter including seizing of any
record as may be deemed necessary by the Council for such investigation., ..
, ,
.~
23. Withdrawal ofrccogitition.-(!) When upon report by the Committee
or the Inspector appointed under section 23 or from any other source it appear to the
Council that,- '

(a) that a r~cognized institution is violating provisions oftl!is Ordinance or,

rules or regulations made thereunder,or

(b) the courses of stu~ly and standard of eXamination to be undergone in,

"01'the proficiency required from candidates at any examination held.
byany University or medical or dental institution~or.,' . ,
",

(c) the staff, infrastructure"~quipment, accommodation, training ~nd other'

facilities for instruction and training provided in such 'medical or dental ,.,
institution or in any college o~other recognizedinstitutiol~;6r' '

(d)'.' that facilities for training for house job or intemship or foundation year.
in a continuous professional developm'ent opportunity providing
organi~ation h~s deterio'nited to an extent that the stand'ardof
proficiency required from candidates at examiri~tion held 'fo~.the
purPose of granting such qualification additionalqualiticaticin is not,
such as to secure to persons holding sucl] qualification the knowledge
and skill requisite for the efficient practice of medicine or dentistry;

the Council shall prepare'and issue its findings in writing. .

(2) The Council shall forward to the medical or dental institutio;l, a summa!)'
of its findings with the proposed action io be taken against such medical or den till
institutioll\\'ith an intimation of the period, which sl;allnot be less thall fifteen days,
within which the medicalordental institution may submit its exp,lanaiionto the Council
and may reqllest for a hearing before the Council if it so desires. ,\

(3) If the Council is not satislied with the explanation or, where ilO
explanation is submitted within the stipulated time then on the expi!)' of that period,
it shall recominend to the Ministry for closure of the institution subject tothe conditions
 . PARTIJ THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 19
. .
that students who are enrolled in such medical or dental institution during the period
it was recognized by the Council shall not suffer any loss in terms of the period of
education already undertaken and remaining period to be undertaken by them:

Provided that for purposes of protecting the rights of existing students, the
Council may approve a scheme which may include the management of the' medical
or dental institution being handed over to an interim comlnittee administrator or
persons appointed by the Council with the approval of the Ministry.

(4) On the recommendation of the Council, the Ministry may, by notification

in the official qazette, direct that an entry shall be made in the First, Third, Fifth,
Sixth or Seventh Schedule, as the case may be, against the said medical or dental or
a postgraduate institution' and qU!llification grante~ by it, hospital or continuous
professional development opportunity provider declaring that it shall be a recognized
medical, dental or additional medical or dental qualification, institution, hospital and
continuous professional development opportunity provider only before the date of
notification:

Provided that the Ministry, within thiny days, may require the Council. to
reconsider its recommendation. Where Council after reconsideration uphold its earlier
recommendation the Ministry shall i.ssue the notification as provided under sub-
section (3).

24. Establishment and running of medical and dental instit"utions

without recognition.-Notwithstanding anything cont~ined in any other law for
the time being in force, no person, authority, body corporate, society, or trust shall
establish, operate or run any institution to train or grant or both train or grant medical
. or dental qualifications, additional medical or dental qualifications or, train for house
job or internship or foundation year or, an organization for continuous professional
development or for continuous medical education. No university shall grant affiliation
to any such institution nor ariy such'institution shall award any degree unless recognition
has been granted to such college or institution under this Ordinance .
.
25. Maintenance of register of medical practitioners.-( I) The
Council shall maintain a Register. of registered medical practitioners possessing
recognized medical or additional medical qualifications as may be prescribed.

(2) Person having recognized basic degree shall be registered by the

Council provisionally for the purposes of undergoing mandatory one year house job
or foundation year or Internship in an approved hospital or iilstitution included in the
1
Sixth Schedule. After completion of the duly assessed and certified one year
mandatory house job or foundation year or internship !he person shall be awarded I
full registration.
 .

20 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 [PART I .

(3) Subject to payment of dues and fulfilment of requirements of.
continuation of registration as laid'down by the' Council from time to time, the
practitioner shall be deemed to hold a valid registration and shall be entitled to all
eligible privileges of~ registered medical practitioner. The valid registration certificate'
shall be the license to practice medicine in Pakistan.
. .

26. Maintena~ce of register of dental pra~titioners.--{ I) The Council

shall maintain a Register of registered dental practitioners possessing recognized
dental or additional dental qualifications as may be prescribed.
, .
(2) Subject to sub-section (3), person having recognized basic degree shall
be registered by the Council provisionally for the purposes of undergoing mandatory
one year house job or foundation year or internship, duly assessed, hand~ oncliriical : ....-
'

r?tation in a~ approved hospital or institution i!1cl~ded in the Sixth Schedule. After

comp~tition of the mandatory one year house job or foundation year or int~rnship
and production of certificate in this regard the person shall be a\~arded fLJIireg"istratiori..
(
' .. (3) Subject to payment of dues aildfulfilment of requ;!rements of
continuation of registration as laid down by the' Council from time to time, the
practitioner shall be deemed to hold a valid registration and shall be entitled to all .
eligible privileges.of a registered dental practitioner. The valid registration.certificate
shall be the license to'praciice medicine in Pakistan.' '..

27. R~gisters to. be public documents.--{ l) The register maintained' '0

under section 26' or sectio(1 27 shall be deemed to be public document within the
meaning of the Qanull-e-Shahdal Order. 1984 (P. O. No. 10 of 1984) ..

-(2) Th~ 'Council shall cause for the updated list of all duly'recognized
medical practitiol]ers and dental practitioners to be publis~ed on its website available
. for public access. , ,

28. Privileges of registered medical.or dental practitioners.--{ I) /, ,

regi~tered medical praciiiioneranddentist shall have following privilegcs,namely:-
..
r • . •

(a) valid registration shall be considered asa license to practic~ medicine

and dentistry, in Pakistan and of a level mentioned by the !=ouncil in
the'registration certificate;

(b) competent to practice medicine or dentistry and prescribe allopathic'

medicine and perform any surgical or interventionai procedure on any
patient, commensurating with their training and experience;
 PARTI] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 21

(c) to hold any medical or dental or relevant administrative appointment in

any medical or dental institution or setup or hospitals or cl inic or related
health institution; and

, (d) to hold a commission as a medical or dental officer in the Amled

I
Forces;and ,I
I'
(2) Notwithstanding anything to the contrary contained in any other law
for the time being in force, no medical certificate Q.rprescription or medical or dental
advice shall be considered valid unless obtained from a medical or dental practitioner
having val id registration.

(3) No pe~on shall be entitled to recover any charge in any court of law
for any medical dental or surgical advice or attendance Dr f<irthe performance of
any operation or intervention or for any medicine p'rescribed or supplied unless he is
a registered medical ordental practitioner having valid registration with the Council.

29. Responsibilities of registered medical or dental practitioner.-

(I) No registered person shall use or publish in any way whatsoever any title,
description or symbol indicating or intended to lead persons to inferthathe possesses
any additional or other professional qualification unless the same has been conferred
upon him by a legally constituted authority withiri or outside Pakistan and is duly
recognized underthis Ordinance. .

'(i) Every registered medical practitionerordental practitioner shall comply

with the code of medical ethics prescribed by the Council.

30. Removal of names from the Register.-{ I) The Council, in' its
discretion, may direct the Registrar to permanently or for a specified period remove
from the Registe'r the name of any registered medical practitioner or registered
dentist who has been found guilty of misconduct or professional negligence or
incompetence or violation of the code of conduct by the disciplinary committee or by
any other court of law for any offence involving moral turpitude or who fails to
maintain the minimum standard of the national continuous medic~1 education or . I
continuous professional development programme or who by his conduct has rendered I
himself to be unfit to continue in practice or on account of menta I incapacity or f<:r
such other grounds as may be prescribed by the Council.

(2) The Council may restore any name removed from ,the Register under
sub-section (I).

(3) For the purpose of an inquiry under sub-section (I), the disciplinary
committee of the Council shall exercise all the powers of a civil court under the
~
 22
THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019
[PART I
Code of Civil Procedure, 1908 (Act V of 1908) for summoning the witnesses, for
compelling the production of documents and for issuing commissions.

4
( ) The claim of professional negligence shall initially be established before
the disciplinary committee ofttie Council befo~e any other proceedings.

31. PenaJties.~ I) Whoever in contravention of provisions of sections

15, 17, 20, 22 or 25 operates or runs or establishes or endorses any institution or
advertises adm issions in an institution for imparting education in medicine or dentistry
shall be guiltyyfan offence punishable with rigorous imprisonment for a term which
may extend to five years but shallnotbe less than a year or with fine which may'
extend to fifty millio.n rupees but shall not be.less than five fnillion rupees or with.
both and shall also be liable to closure of such institution .

. (2) . Whoever in contravention

. ~.
of provisions of this Ordinance
'.
operates or
runs or.
establishes or endorses any institution and admits students for imparting
.
education in medicine or. dentistry or admits students over and above the allowed
number or adm its students during the period the COllnciI has stopped fresh intake of
students or imparting educ1!tion in medicine ordentistlY; shall be guilty of an offence .
punishable:with rigorous imprisonment for a term which may extend to five.years.
but shall not be less than a year or with fine which shall not be less than the sum total
of the tuition fee for the whole duration of study for each admitted student or with.
both and shall also be liable to closure of such institution ..•
. ~
(3) Whoever falsely gets registered with the Council as a registered medical
. or dental practitioner without possessing recognized medical or dental qualifications
or attempts to get registered with. the Council as a registered medical practitioner
without possessing recognized medical or dental qualifications, shall be guilty of an
offence of fraudulent registration, punishable with imprisonment for a tenn which'
may extend to five years or with fine which may extend to ten million rupees but
shall not be less than five million rupees or with both.

(4) Whoever falsely pretends to be registered under this Ordinance as a .

m.edicaf practitio,ier or d.entist and uses with his name any title or words or letters.
representing that he is so registered with the Councilor uses the word "Doctor" .
without legal basis, irrespective of whether any person is actually deceived by such
presence or representation or not. shall be guilty of an offence punishable ~ith
imprisonment for a term which may extend to three years or with fine which may
extend to ten million rupees but shall not be less than five million rupees or with both.

(5) Whoever aids or abets any person to falsely register with the Council
as a registered medical practitioner without having recognized medica( or dental ..
qualifications shall be guilty of an offence punishable with imprisonment for a telm
'.
 ''C.•

- PART IJ THE GAZEITE OF PAKISTAN, EXTRA., JAN. 9, 2019 23

which may extend to two years or with fine which may extend to ten million rupee's
'but shall not be less than five million rupees or with both.

(6) Whoever contravenes any provision of this Ordinance shall be guilty

of an offence punishable with imprisonment for a tenn which may extend to one
year or'with fine which may extend to three million rupees or with both. .

(7) In every case of offence, in which the offender is sentenced to a fine,

whether with or without imprisonment, it shall be competent for the Medical Tribunal
to direct that in default of payment of the fine the offender shall suffer imprisonment
for a certain tenn, which imprisonment shall be in excess of any other imprisonment
to which he may have been sentenced or to which he may be liable under a
commutation of sentences.

(8) The tenn fo~ which the Medical Tribunal directs the offender to be .
imprisoned in default of payment of a fine shall not exceed one-fourth of the tenn of
imprisonment which is the nlaximum fixed for the offence:

(9) All offences under this Ordinance shall be non-cognizable and triable
by the Medic'al Tribunal constituted under this Ordinance.

32. Offences by bodies Corporate.-{I) Where any contravention of

this Ordinance has been committed by a body corporate, and it is proved that such
offence has been comm itted with the consent or conniva,nce or, is attributed to any
negligence on the part of, any director, partner, manager, secretary, trustee or other
officer of the body corporate,'such director, partner, manager, secretary, trustee or'
other officer of the body corporate, shall be deemed guilty of such contravention
along-with the body Corporate and shall be punished accordingly: .

.Provided that in the case of a company as defined under the Companies'

Act, 2017 (XIX of20 17), only the Chief Executive shall be liable under this section.
. .
(2) Where any contravention of this Ordinance has been committed by a
body Corporate or institution and it appears from the relevant documents thai such
offence has been committed with the consent or connivance of or is attributed to
any negligence on the part of any director, partner, manager, secretary or other
officer of the body corporate or institution such director, partner, manager, secretary
or other officer of the body corporate or institution, shall be deemed guilty of such
contravention along-with the body corporate or institution and. shall be punished
accordingly:

Provided that in the case of a company as defined under the Companies

"-ct, 2017 (XIX of20 17), only its chief executive shall be liable under this section. f
 24 . '- THE G-AZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 [PART I

Explanation.-For the purposes of this. section, "body corporate.or

institution'.'includes a firm, association of persons, a society registered under the'
Societies Registration Act, 1860 (XXI of 1860) or underthe Co-operative Societies
Act, 1925 (VII of 1925) and a trust created under the Trust Act, 1882 (I I of 1882).

(3) Where any contravention of this Ordinance has been committed by

any Government agency, local authority or local council and it appears from the ,
relevant documents that such contravention has been committed with the consent or
connivance of or is attributable to any negligence on the part of the head or any ..
other officer of the Government agency, local authority or local council, such head
or other officer shall also be deem guilty of such contravention along-with the
Government agency, local authority or local council and shall be liable to be proceeded
against and punished accordingly. .

.• t
33. ' Cognizance of offences.~ I) No court shall take cognizance of any .(
offence or matter under this Ordinance to which the 'jurisdiction' of. tl{e Medical
Tribunal extends.

(2)' Any person aggrieved by a~ act which is an offence u~der this "
Ordi~ancc may institute a complaint orclaimbefore the Medic,al Tribu~l..", .

34., Medical Tri'bti~als.-( I) The Prime Minister ~f Pakistan shall by

notification in the official gazette, establish Medical Tribunal which sha}1exercise "
jurisdiction under this Ordinance. '-

(2) A Medical Tribunal shall consi~t of a Chairperson who is, orhas been,
or is qualified for appointment as, ajudge of the High Court, to be'appointed aft~r
consultation with the Chief Justice of Pakistan and four members to be appointed by,
the Prime Minister ofPlikistan of which at leasttwo s~alLbe a technical member
witli suitable professional qualifications and experience, in the medical field.

(3) The powers'and functions of a Tribunal may be exercised or performed

by Benches as constituted by the Chairman consisting of not less than two members
of the Tribunal where one member shall a technical member. .

(4) The principal seat of the Tribunal shall be at Islamabad. The Benches
of the Tribunal may function at any of the provincial headquarters as per schedule'
directed by the Chairman. . .'

(5) If the members of a bench differ in opinion as to the decision to .be

given on any point the case shall be referred to the Chainnan and the decision of the
Tribunal shall be expressed in terms of the opinion of the Chairman.'
 P.ART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 25

(6) Medical Tribunal shall no!, merely because of a change in its

composition, or the absence of any member from any sitting, be bound to recall and
. rehear any witness who has given evidence, and may act on the evidence already
recorded by, or produced, before it.

(7) Medical Tribunal may hold its sittings at such places within its territorial
jurisdiction as the Chairperson may decide.

(8) No act or proceeding of Medical Tribunal shall be invalid by reason

only of the existence of a vacancy in, or defect in the constitution, of the Medical
Tribunal.

(9) The terms and conditions of service of the Chairperson and members
of the Medical Tribunal shall be such as may be prescribed by Rules .
.
35. Jurisdiction and powers of Medical Tribunals.-( I) Medical
Tribunal shall exercise sllch powers and perform such functions as are, or may be,
conferred upon or assigned to it by or under this Act or the rules. and regulations
made there under. , '.

(2) All contravention punishable under section 32 shall exclusively be triable

by the Medical Tribunal.
j

(3) Any person l\ggrieved by an act cognizable u'nder this Ordinance may
file a complaint before the MedicaI Tribunal.

(4) In exercise of its criminal jurisdiction, the Medical Tribunals shall have
the same powers as are 'vested in Court of Session under the Code of Criminal
Procedure, 1898 (Act V of 1898).
'.

(5) In exercise of the civil jurisdiction the Medical Tribunals shall !lave the
same powers and shall follow the same procedure as civil court under the Code of
Civil Procedure, 1908 (Act V of 1908).

(6) In all matters with respect to which no procedure has been provided
for in this Act, the Medical Tribunal shall follow the procedurc laid down in the Code
of Civil Procedure, 1908 (Act V of 1908). The Medical Tribunal shall frame such
rules for its functioning as deemed appropriate by the Chairman in consultation with
the members. .

(7) Medical Tribunal may issue bailable warrant for the arrest of any
person against whom reasonable suspicion exist, of his having been involved in
contravention punishable under section 32:
 26
THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019
[PARPI
Provided that such warrant shall be applied for, issued, and executed in
accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of
1898):

Provided further that if the person arrested executes a bond with sufficient
sureties in accordance with the endorsement on the warrant he shall be released
. from custody, failing which he shall be taken or sent without delay. to the officer
in-charge of the nearest police station.

(8) All proceedings before the Medical Tribunal"shall be deemed to be

judicial proceedings within the meaning of section 193 and 228 of the P~kistan Penal
Code (Act XLV of 1860), and the Medical Tribunal shall be deemed to be a court.
for the purpose of section 480 and 482 of the Code ofCrim inaI Procedure, 1898
(Act V of 1898).

(9) No court other th.an Medical Tribunal shall have or exercise ~ny
jurisdiction with respect to any matter to which the jurisdiction of Medical Tribunal
extends under this Ordinal)ce, the rules a!ld regulation~ made there under.

(10) The Medical Tribunal shall hear and decide all complaints or appeals
instituted before it within 120 days without exception and shall refuse all requests
tor adjournments if sought by any party if such adjournment \vouldlead to the Tribunal
not being able to decide a case within the stipulated period.

36. Appeals to the MedicaJ"Tribunal.-(l) Any.persori aggrieved by

any order or direction of the Council, its Committees or Officers under any provision
of this Ordinance, or rules or regulations may prefer an appeal before the Medical
Tribunal within thirty days of the date Ofconlmunication of the impugned order or
direction ..
.. \

(2) An appea.1to the MedicalTribunal shall be in such form, contain such

particulars and be accompanied by such fees as may be prescribed.

37. Appeals from orders of tile Medical Tribunal.-( I) Any person

aggrieved by any .final order or by any sentence passed by the Medical Tribunal
may, within thirty days of commun ication of such orde~ or sentence, prefer an appeal
to the Supreme Court of Pakistan.

38, The Officers of Federal, Provincial and Local Government to

assist Authority.-The officers of Federal Governn;ent, Provincial Governments
and Local Governments including the Capital Territory Police and the Provincial
Pbiice shall assist the Authority ')nd its officers in the discharge of their functions
. under the provisions of this Ordinance and the Rules and Regulations made there under.
. . i
 PARTI] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 27

39. Abatement of suit and other proceedings.-AII suits, appeals or'

applications regarding any matter within thejurisdiction ofa Medical Tribunal pending
in any court immediately before the commencement of this Ordinance shall abate
forthwith:

Provided that any party to such a suit, appeal or application may, within
ninety days of the establishment of the appropriate Tribunal, prefer an appeal to it in
respect of any suth matter which is in issue in.such suit, appeal or application.

40. Limitation.-The provisions of sections 5 and 12 of the Limitation

Act, 1908 (IX of 1908), shall apply to 'appeals under this Act.

41. Power to make Rules.---(I) The Ministry may, by notification in the

official Gazette, make rules for carrying out the purposes ofthisAct.

42. Power til make Reg'ulations.-( I) .The Council may, with the
approval of the Ministry, make Regulations generally to carry out the purposes of
this Ordinance, ilnd, without prejudice to the generality of this power, such Regulations
may provide for-

(a) the management of the property of the Council and the maintenance
and audit of its accounts;

(b) the summoning and holding of meetings of the Council, the times and'
places where such meetings are to be held, the conduct of business
thereat and the number of members necessary to constitute aquorum;

(c) the powers ~nd duties of the President and Vice-President;

(d) the mode of appointment of Committees, the summoning and holding

of meetings, and the conduct of business of such Committees;

(e) enforcement of the different codes of general and specialized practice

and ethics as framed by the relevant institutions and as may be applicable
upon the medical and dental practitioners;

(I) the appointment, powers, duties and procedure of medical and dental
inspectors;

(g) the conditiOflS and procedure for maintenance, compilation and

publication of the Register of medical and dental practitioners and of
health care providing facilities and their minimum requirements and
the fees to be charged for registration and, if necessal)', for open ing of
sub-offices or branches for this purpose;
 28 THE GAZETrE OF PAKISTAN, EXTRA., JAN, 9, 2019 [PART I '.

(h) . the procedure for any inquiry under sub-section (I) of section 31;

(i) any matter for which under this Ordinance provision may be made by
regulations; and

(j) fee in respect of any of the subject matter of sub-section (I) of

section 44.

(2) Notwithstanding anything contained in sub-section (I) the Council shall

. make Regulations which may provide for-

(a) prescribing a uniform minimum standard of courses of training for'

ob'taining gr<l:duatemedical and dental qua'lifici\tions'"to beinclu'ded or
included respectively in the First, Third and Fifth Schedules;

(b) prescribing minimum requirements for. the content and duration of.
courses of study as aforesaid; .

(c) prescribing minimum quali fications' and experience required ofteachers .

,for appointment in med ical and dental institutions;., .'

(d). prescribing the standards ofexaminations, metlio'dsof conducting the

examinations and other requirements to be satisfied for. securing
recognition ofmcdical and dental qualifications under this Ordinance;
, .

(e) prescribing the qualificati~ns, expe'rience and other conditions required

for examiners for professioiuil ~xa~inati~ns
, . in .medicine and dentistry' .
antecedent to the granting of recogni;zed medical and dental and
additional medical and dental qualifications;"

(f)
. .
terms and conditions ofscrvice for all employees of the Council;

(g). election of members of the Council;and

(h) prescribing a uni fonn minimum standard for contiilllOus professional

development for registered graduate and post-graduate medical and
dental practitioners.

-"' 43. Information to be furnished by the Council and publication

there of.-{ I) The Council shall furnish such reports, copies of its minutes, abstracts
of its accounts, and other information to the Ministry as it,may require.
. ,
 ..
~ART I] THE GAZEn'E OF PAKISTAN, EXTRA., JAN. 9, 2019 29

(2) The Ministry IT"!aypublish, in such manner as it may think fit, any
'report, and copy, abstract or other information furnished to it under this section or
under section 27. '

44. Commission of inquiry,--{ I) Whenever it appears to the Ministry

that the Council is not complying with any provisions of this Ordinance, the Federal
Minister may refer the particulars of the complaint to a commission of inquiry
consisting of three persons two of whom shall be appointed by the Federal Minister,
including the chairman being at least a judge of a High Court, and one member .1
nominated by the Council bya resolution.

(2) Such commission shall proceed to inq'uire in a summary manner and to ,I

report to the Federal Minister as to the truth of the matter charged in the complaint
and in case of any charge of default or of improper action being found by the
commission to have be~n established, the commission shall recommend the remedies,'
ifany, which are in its opinion necessary.

, (3) The Ministry shall forward the report of the commission of inquiry to
the Council for implementation and for remedial actions. The Council shall submit to
the Ministry a detaile~ pl~n of remedial measures to be adopted by the Council
which shall be considered as approved ifno further orders are passed by the Ministry
in this regard wi~hin three months. All remedial actions shall be taken by the Council
within a stipulated period of six months and the Council shall submit to ihe Ministry
a report of actions taken thereon. If the Council fails to comply with the remedial
measures forwarded to it by the Ministry, the Ministry may by itself amend the
regulations of the Councilor make such provisions or issue orders or take such other
steps as may seem necessary to give effect to the recommendations of the
corn mission.

(4) The commission of inquiry shall have power to administer oaths, to

enforce the attendance of witnesses and the production of documents and shall
have other necessary powers for the purpose of any inquiry conducted by it as are
exercised by a civil court under the Code of Civil Procedure, 1908 (Act V of 1908).

45. Delegation.-The Council may, by general or special order, delegate

to the President, Vice-President, Registrar, Committee of the Councilor any other
officer of the Council, any of its powers or responsibilities under this Ordinance
subject to such conditions or limitations as may be prescribed by the Rules or it may
prescribe by regulations:

Provided that delegation of such power shall not include the power to grant,
revoke or cancel recognition of a medical or dental institution or any of its financial
powers including the power to approve the annual budget.'
 30 THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 [PART I
46. Officers, etc. deemed to be public servants.-The Registrar, the
Director Finance officers, employees and other staff ofthe Councils shall be deemed.
to be public servants within the meanings of section 21 of the Pakistan Penal Code
(Act XLV of 1860)

47. Indcmnity.-No suit, prosecution or other proceedings shall lie against

the Govemment, Ministry, Council, any Committee of the Council, President,
Vice-President, Director Finance, Registrar or any member or officer of the Council
in respect of anything done or intended to be done in good faith under this Ordinance .

. 48. Over-ridding provision.-The provisions of this Ordinance shall

have affect notwithstanding anything to the cf:)Iltrarycontained in any other law for
the time being in force. No suit, prosecution or other legal proceeding ~halllie against
. the Govemment, the Councilor any committee thereof or any officer or s.ervant of
the Government or the Council for anything which is in good faith done 'or intended
to be done under this Ordinance .

.49. Repeal :l'nd Savings.-( I) Subject to section 6 of the General Clauses

".
Act, 1897 (Act X of 1897), the Pakistan Medical and Dental Council Ordinance,
1962 (Act XXXII of 1962) herein after reflected as repealing Ordinance hereinafter
referred as repealed Ordinance.

(2) Notwithstanding the repeal of the Pakistan Medical and Dental Council
Ordinance, 1962 (Act XXXII of 1962) or anything contrary contained hereiil, all
regulations, decisions, disciplinary astion taken by the Council, Ad-hoc Council;:
. Exe<;utive Committe.e or any other Committee or authority of the Pakistan Medical
and DentalCouncil shall be deemed to have been validly made under the provisions
of this Ordinan'ce until altered, repealed or modified by the new Council Constituted
under this Ordinance:

Provided that any existing regulations to the extent that they are in conflict
with the provisions of this Ordinance shall be deemed to have been repealed and.
shall not be enforceable. .

(3) All officer or employees of the Council under the repealed Ordinance
shall deemed to be employees of the Council on the same terms and conditions .
.
. (4) All assets, rights, properties, cash etc, of the Council under the repealed
Ordinance shall be deemed to be the assets, rights, properties, cash etc., of the
Council.

(5) All liabilities of the Council under the repealed Ordinance shall be
deerned to be the liabilities of the Council.
 J

PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 9, 2019 3\

(6) All registration, recognition etc., granted by the Council under the
repealed Ordinance shall be deemed to be the registration, recognition granted by
Council.

FIRST SCHEDULE
SECOND SCHEDULE
. THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE

DR. ARIF ALVI,

President .

• JUSTICE (R)
;- f . .

• ., ABDUL SHAKOOR PARACHA,

Secretary

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