TO BE INTRODUCED IN THE SENATE

Bill

A Bill to reconstitute the Medical and Dental Council in Pakistan

WHEREAS it is expedient to consolidate the law relating to the
registration of medical practitioners and dentists and reconstitute the Medical
and Dental Council in Pakistan in order to establish a uniform minimum standard
of basic and higher qualifications in medicine and dentistry;

1. Short title, extent and commencement. (1) This Act may be called the
Pakistan Medical and Dental Council Act, 2022.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject

or context,—
(a) "approved hospital or institution" means a hospital or an institution
included in the Sixth Schedule;
(b) "Council" means the Pakistan Medical and Dental Council
constituted under this Act ;
(c) "continuous professional development" means skill enhancement and
improvement in personal and professional competence which may—
(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 dental
practitioner;

(d) "committee" means any committee constituted under this Act and
includes Executive Committee constituted under this Act;
(e) “Commission” means the Pakistan Medical Commission established
under the Pakistan Medical Act, 2020 (XXXIII of 2020);
(f) “concerned Division” means the Division to which the business of this
Act stands allocated under the Rules of Business, 1973;

(g) "continuous professional development opportunity provider" means

an organization providing continuous professional development
opportunities and included in the Seventh Schedule;
(h) "dental institution" means any institution, recognized under this Act,
within or outside Pakistan, which trains for, or grants, or both trains
for and grants, degrees or diplomas in dentistry;
(i) "house job or foundation year or internship" means hands on training
in clinical subjects on a rotational basis in an approved hospital or
institution after provisional registration as a prerequisite for full
registration under this Act;
(j) "medical institution" means any institution recognized under this Act,
within or outside Pakistan, which trains for, or grants, or both trains
for and grants, degrees or diplomas in medicine;
(k) "medicine" means modern scientific medicine and includes surgery
and other disciplines, but does not includes veterinary medicine and
surgery;
(l) "Pakistan university" means any university established under a
Pakistan law and having a constituent medical or dental college or
 both;
(m) "President" means President of the Council;
(n) "prescribed" means prescribed by rules or regulations, as the case
may be;
(o) "recognized medical qualification" means any basic medical
qualification included in the First Schedule;
(p) "recognized dental qualification" means any basic dental qualification
included in the Fifth Schedule;
(q) "recognized additional medical or dental qualification" means any
additional medical or dental qualification included in the Third
Schedule;
(r) "Register" means the Register of medical practitioners maintained
under this Act or the Register of dental practitioners maintained
under this Act;
(s) "registered medical practitioner" means a medical practitioner whose
name is included in the Register maintained under this Act;
(t) "registered dental practitioner" means a dental practitioner whose
name is included in the Register maintained under this Act;
(u) "regulations" mean regulations made under this Act;
(v) "registerable qualifications" mean medical or dental qualifications
recognized under this Act;
(w) "Rules'' mean rules made under section this Act; and

(x) "specialists boards" mean recognized specialist boards included in the

Eighth Schedule.

3. Constitution and composition of the Council.- (1) The Prime Minister of

Pakistan shall, by notification in the official Gazette, establish a Council consisting
of the following members, namely:-

(a) one member each from the Senate and the National Assembly to be
 nominated by the Chairman or, as the case may be, the Speaker
from amongst the members of the respective House as honorary
members;

(b) one member each from the Provincial assembly to be nominated by

the Speaker from amongst the members of the respective Provincial
Assembly as members, including member of GilgitBaltistan
Assembly;
(c) Secretary of the concerned Division and secretary, Health Department
of each Province and GilgitBaltistan;

(d) one member each to be elected by the members of the Syndicate of

each public sector Pakistan university from amongst the members of
its medical faculty and dental faculty of all its constituent as well as
affiliated colleges from each Province, GilgitBaltistan and Islamabad
Capital Territory;
(e) one member each to be elected by the members of the
Syndicate/Governing Body of each private sector Pakistan university
from amongst the members of its medical faculty and the dental
faculty of all its constituent as well as affiliated colleges from each
Province, Gilgit Baltistan and Islamabad Capital Territory;
(f) one Surgeon General of the Armed Forces Medical Services
nominated by the Prime Minister of Pakistan;
(g) one dental faculty to be nominated by the health department of
each province including Gilgit Baltistan
(h) one member to be elected by the Council of the College of Physicians
and Surgeons;
(i) one member, belonging to the legal profession, to be nominated by
the concerned Division in consultation with the Chief Justice of
Pakistan;
 (2) The President of the Council shall be elected by the members of the
Council from amongst themselves.
(3) No act done by the Council shall be invalid on the ground of merely
of an existence of any vacancy or any defect in the constitution of the Council.
(4) The President shall be the head of the office of the Council and shall
be the competent authority for all employees of the Council.

4. Mode of election.- (1) An election under this Act shall be conducted by

the Council as may be prescribed.
(2) Where any dispute arises regarding any election to the Council it
shall be referred to the Minister-in-charge whose decision thereon shall be final.

5. Restrictions on nominations and elections.- (1) No person shall be

eligible for nomination or election, except subsection (1) of section 3, unless he
is a registered medical practitioner or a registered dentist, as the case may be.
(3) No person shall be eligible for election under this Act unless he has
had at least four years teaching experience, certified by the Council, as a
Professor in the faculty of a medical or dental college, as the case may be.
(4) No person shall be eligible for election under subsection (1) of
section 3 unless he has had at least four years teaching experience, certified by
the Council, as a Professor, Associate Professor, Assistant Professor, Lecturer
etc., in the faculty of a medical or dental college, as the case may be.

6. Incorporation of the Council.- The Council constituted under this Act

shall be a body corporate by the name of the Medical and Dental Council, having
perpetual succession and a 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. The Council shall be a regulatory body for regulating
medical and dental profession, medical and dental education and institutions.
 7. Terms of office.- (1) The President of the Council shall hold office for a
term not exceeding four years and not extending beyond the expiry of his term
as member of the Council.
(2) The council shall be re-constituted after every four years.
(3) Subject to the provisions of subsections (4) and (6), a member shall
hold office for a term of four years from the date of his nomination or election or
until his successor has been duly nominated or elected, whichever is earlier.
(4) If a member fails to attend three consecutive meetings of the Council
or remains out of Pakistan for a continuous period exceeding one year or, in the
case of an elected member, ceases to represent his electoral college, he shall
cease to be the member of the Council. A person shall thereupon be nominated
or, as the case may be, elected to fill the vacancy:
Provided that a member nominated by the Prime Minister or
concerned Division, shall hold office only during pleasure of the Prime Minister or
concerned Division, as the case may be. If a nominated member is being
considered for cancellation of membership while his term remains, he shall be
given a notice to showcause and an opportunity of personal hearing by the
Minister-in-charge before a final order is passed.
(5) A member nominated by the Prime Minister or concerned Division,
shall be forwarded to the Prime Minister or concerned Division, as the case may
be, for decision of maintaining his membership or otherwise in the following
circumstances, namely:
(a) if the Council decides by a 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; or
(c) he becomes insane or is declared an insolvent by a competent Court;
or
(d) he is convicted for a criminal offense which implies moral
turpitude, including unprofessional and infamous conduct a.
 (6) The Council may, only by a majority decision, suspend the
membership of any member till a decision by the concerned Division about
maintenance of his membership or otherwise.
(7) Where the said term of four years is about to expire in respect of any
member, his successor may be nominated or elected at any time within three
months before the said term expires, but shall not assume office until the expiry
of the said term.
(8) An elected 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.

(9) A vacancy in the Council shall 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 four years.

8. Meeting of the Council.- (1) The Council shall meet at least once in
each year at such time and place as may be decided by the President.

(2) Until otherwise provided by Regulation, onethird members of the

Council shall form a quorum, and all of the acts of the Council shall be decided by
a majority of the members present and voting.

9. Officers, Committees and servants of the Council.- (1) The Council

shall—

(a) elect from amongst its members a VicePresident ;

(b) constitute from amongst its members an Executive Committee, and

such other Committees for general or special purposes as the Council
 deems necessary to carry out the purposes of this Act;

(c) appoint a Registrar, a Secretary and a Treasurer to carry out the

purposes of this Act;
(d) appoint, employ or nominate such other advisers to the President,
officers, officials and servants on regular basis or contract on such
term and conditions as may be prescribed to carry out the purposes
of this Act;
(e) require the Treasurer to take from the Registrar, Secretary, advisers
to the President, officers, officials and servants, such security for the
due performance of their duties as the Council deems necessary; and
(e) fix the remuneration and allowances to be paid to the President, Vice-
President, members, officers and servants of the Council employed
under this section.

(2) All persons appointed or employed under this section shall be deemed
to be public servants within the meaning of section 21 of the Pakistan Penal Code
(Act XLV of 1860) or any other term and conditions as may be prescribed by rules.

10. Executive Committee.- (1) The Executive Committee shall consist of

nine members, of whom seven shall be elected by the Council from amongst its
members and of which at least one shall be a dental practitioner and one from
the post graduate institutions. The President shall have the power to coopt a
maximum of two additional members to the Committee.

(2) The President, Vicepresident of the Council shall be exofficio

members of the Executive Committee and shall be its President and Vice-
president respectively.

(3) In addition to the power and duties conferred and imposed upon it
by this Act, the Executive Committee shall exercise and discharge such powers
and duties as the Council may confer upon it by regulations and shall have the
power and responsibility to take decisions of administrative and financial nature
for the smooth functioning and working of the Council.

11. Recognition of medical institutions and qualifications.- (1) Any

medical institution in Pakistan which trains or grants or both trains and grants
medical qualifications and the qualifications granted by them shall apply to the
council. . All such recognized medical institutions or qualifications shall be
included in the First Schedule by the Division concerned by notification in the
official Gazette.

(2) if any medical institution in Pakistan intends to get recognition of the

institution which trains or grants or both trains and grants medical qualifications
or qualification granted by it in pursuance of subsection (1) it shall apply to the
Pakistan Medical and Dental Council.

(3) The Council shall form recommendations for the Division after
assessing the institution and the qualification as per prescribed procedure. Upon
receiving recommendations from the Council, the Division shall grant recognition
as provided under subsection (1).

(4) The notification for the grant of recognition may also direct that an
entry shall be made in the last column of the First Schedule against such
institution and medical qualification granted by it, declaring that it shall be a
recognized medical institution or qualification only when granted after the date
of notification.

12. Recognition of hospitals or institutions for house job or internship or

foundation year training.- (1) Pakistan Medical & Dental Council may grant
recognition to any hospitals or institutions in Pakistan which train for house job
or internship or foundation year.

(2) If any hospital and institution in Pakistan intends to get recognition

of the institution which trains for house job, internship or foundation year in
pursuance of subsection (1), it shall apply to the Council for the same.

12. Powers and functions of the Council.- (1) The Council shall have the
functions and powers of general supervision over the working of the Council and
other authorities 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 Act 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,
the Council shall have the following functions and powers, namely:—
(a) to appoint the members, officers and employees of the
Council on such terms and conditions as may to carry out the
purpose as may be prescribed by rules;
(b) to approve the proposed annual plan of work including key
performance indicators, the annual and revised budgets, the
annual report and the annual statement of accounts;
(c) to approve strategic plans and approve financial resource
development plans of the Council;
(d) to approve accreditation standards, for under-graduate
medical and dental programs of study based in Pakistan;
(e) to approve curriculum and scope of under-graduate medical
and dental programs of study in Pakistan leading to general
registration of the graduates of those programs to practice
medicine and dentistry in Pakistan as received from the
 National Academic Board;
(f) to approve the examination structure and standards of
national licensing examination and the national equivalence
board examinations as proposed by the national medical and
dental academic board including the standards of revalidation
of licenses to practice medicine or dentistry in Pakistan.
(g) to grant recognition to medical and dental institutions in
Pakistan which train or grant or both train and grant medical
and dental qualifications and to the qualifications granted by
these institutions leading to registration of the graduates of
those programs to practice medicine in Pakistan as specialists;
(h) to approve the assessment of international under-graduate
medical programs and institutions for registration of their
graduates in Pakistan;
(i) to approve the assessment of authorities or institutions in
other countries that conduct examinations for post graduate
registration in medicine and dentistry or that accredit post
graduate programs of study relevant to registration in
medicine and dentistry; to
(j) approve listing for any new medical and dental specialties;
(k) to hear and decide complaints against licensees of
professional negligence and misconduct in accordance with
regulations prescribed by the Council;
(l) to provide non-binding advise to the Federal Government and
the Provincial Governments and the Parliament when sought
on proposals for granting a charter by the Parliament to award
post graduate degrees in the field of medicine and dentistry,
both in public and private sector;
(m) to advise the Federal Government and the Provincial
Governments, health-care Councils, regulatory bodies in the
 field of medicine and dentistry and any other authority or local
body on matters within the powers of the Council under this
Act and ancillary and incidental thereto;
(n) to work with international health, accreditation and testing
authorities and agencies to bring about improvement in the
furtherance of these objectives;
(o) determine the remuneration and allowances to be paid to the
members of the Authority;
(p) to fix the salaries, remuneration and benefits of the officers
and employees of the Council;
(q) to constitute from amongst its members or outside experts
such committees as the Council deems necessary to carry out
the purposes and functions of the Council;
(r) to levy fees for grant, renewal or re-validation of licenses,
examinations, registrations, inspections, permissions,
processes and any and all other ancillary services as may be
performed by the Council in accordance with regulations
prescribed by the Council subject to being in consonance with
the purposes of providing the operational cost and long term
financial sustenance and strength of the Council in accordance
with the financial and development plans approved by the
Council;
(s) to determine in addition to penalties already provided for
under this Act the quantum of penalties in respect of any
violation or offence pursuant to this Act or as may be provided
for in accordance with regulations prescribed by the Council
subject to the quantum being a fair compensation for the
wrong caused and a deterrent to future violations of similar
nature by any person;
(t) do all such matters as are ancillary including issuance of
 policies or framing of regulations, convenient for or which
foster or promote the advancement of matters that are the
subject of these objectives and this Act;
(u) to hear appeals against any order, act or decision of the
Authority or the National Medical and Dental Academic Board;
(v) The council shall recognize postgraduate medical and dental
qualifications or diplomas given by the College of Physician
and surgeons of Pakistan. Provided that no honorary
qualification or diploma declared to be honorary by the
College of Physicians and Surgeons of Pakistan shall be
recognized by the Council;
(w) Any medical institution or medical college or university
requesting recognition may apply to the Council in the
prescribed manner;
(x) Upon receipt of application made, the Council within a period
of three months scrutinize the application and if satisfied that
the application is in conformity with the prescribed procedure,
shall recommend the same for its approval and further
notification in the official gazette by the concerned Division;
(y) Under graduate medical and dental education in the basic
sciences can be taught by those who hold post graduate
degrees in the relevant subjects recognized by the Higher
Education Commission of Pakistan; and
(z) to do all such matters as are ancillary to, convenient or which
foster or promote the advancement of the matters that are
the subject of these objectives.

(3) The Council may, of its own motion or otherwise, call for and
examine the record of any proceedings in which an order has been passed by
any officer, committee or any authority under this Act for the purpose of
satisfying itself as to the correctness, 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 afforded an opportunity of being heard.

13. Arrangements for schemes with foreign countries.- At any time, the
Council may enter into negotiations with the appropriate authority in any foreign
country or organization, for the settling of a scheme for improvement of medical
education in Pakistan or postgraduate degrees or any matter or prospect related
to the medical or dental profession.

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

sufficient medical or dental qualifications.—(1) If, after an examination by a
board constituted by the Council, the Council is satisfied that a person holding a
qualification granted by a medical institution outside Pakistan, is possessed of
sufficient knowledge and skill to be registered as a practitioner for the purpose of
this Act, it may recommend to the Division concerned to issue a notification in
favour 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 Act.

(2) The Council shall register the qualification granted by a medical

institution outside Pakistan, possessed by the person by maintaining a separate
list in the Register.

15. Additional medical or dental qualifications.- (1) The Council after

consultation of the concerned Division may grant recognition to any post-
graduate medical or dental institutions in or outside Pakistan which train or grant
or both train and grant additional medical or dental qualifications and the
qualifications granted by them. All such recognized additional medical or dental
institutions or qualifications shall be included in the Third Schedule by the
 concerned Division by notification in the official Gazette.

(2) If any postgraduate medical and dental institution in or outside

Pakistan intends to get recognition of the institution which trains or grants or
both trains and grants additional medical and dental qualifications or
qualification granted by it in pursuance of subsection (1) it shall apply to the
Pakistan Medical and Dental Council for the same.

(3) If an institution wishes to only train for a recognized postgraduate

qualifications in any specialty, it shall apply to the qualification awarding body and
the council then shall add that post graduate degree of the institution upon
recommendation by the qualification awarding body, in the Third Schedule.

(4) The notification for the grant of recognition may also direct that an
entry shall be made in the last column of the Third Schedule against such
institution and additional medical and dental qualification granted by it,
declaring that it shall be a recognized postgraduate medical and dental
institution and additional medical and dental qualification only when granted
after the date of notification.
(5) The medical post graduate clinical degrees such as MS/MD, which
are deemed equivalent to the degrees awarded by the College of Physicians and
Surgeons, by the council shall be registered by the Pakistan Medical and Dental
council

16. Recognition of foreign additional medical or dental qualifications

or institutions.- The Council shall evaluate any undergraduate or post graduate or
alternative or additional medical or dental qualifications granted by any foreign
institution or any foreign institution and may—
 (a) recommend to the concerned Division that such institution or
qualification be—

(i) recognized and included in the Third Schedule as

specified under this Act; or

(ii) notified only and shall not be included in the Third

Schedule, however, a separate list thereof shall be
maintained; or

(b) proceed as per provisions of this Act, as the case may be.
(c) The council shall assess for purposes of recommendation any foreign
qualification or institution either on the application of a foreign
institution or upon an application by a person having acquired a
previously un-recognized qualification. The council shall conduct and
complete its assessment within three months of an application being
made.

17. Recognition of continuous professional development opportunity

providers.- (1) The Council after consultation of the concerned Division may grant
recognition to any organization in Pakistan or outside Pakistan , which provides
opportunities of continuous professional development to the registered medical
and dental practitioners.

18. Role of specialists' boards.- (1) The Council after consultation of

the concerned Division may grant recognition to specialists boards which shall
help the Council in maintenance of such minimum standards of proficiency in
that particular specialty as may be prescribed by the Council.

19. Inspection.- (1) The council shall approve a list of inspectors in the
country as it may deem appropriate, to inspect the facilities for training available
at the medical or dental institutions for the purpose of granting recognition to
provide house job, internship or foundation year training. Provided that an institution
recognized for training by the college of Physicians and Surgeons of Pakistan shall be
provisionally recognized by the Council for purposes of post graduate training to
verification of compliance with the prescribed criteria in due course.

(2) The criteria for inspection shall be formulated with the input from the
academic board and the council, and shall be notified in the gazette of Pakistan
by the Division. New infrastructure facilities if required by the inspection criteria
shall not apply to previously approved and recognized institutions.

(3) The institution to be inspected shall be informed of the impending

inspection at least a month in advance. The inspectors immediately upon
completion of the inspection will complete a comprehensive report on the
prescribed format on the standard of the inspected facilities and on the courses
of study and facilities for teaching provided by the medical or dental institution
inspected and shall submit it to the Council and the institute that has been
inspected immediately upon the completion of the inspection.

20. Withdrawal of recognition.- (1) If a recognized institution is violating

provisions of this Act and regulations made thereunder or the facilities for
training for the courses of study or standard of examination in the institution to
obtain a recognized medical or dental qualification, additional medical or dental
qualification, training for house job or internship or foundation year has
deteriorated to an extent that the standard of proficiency required from
candidates at any examination held for the purpose of granting such
qualification is not such as to secure to persons holding such qualification the
knowledge and skill requisite for the efficient practice of medicine or dentistry,
 the Council may stop further intake of students in the institution and forward a
summary of its findings and its intent to the medical or dental institution with an
intimation of the period within which the medical or dental institution may
submit its explanation to the Council and may request for a hearing before the
Council if it so desires.

(2) If the Council is not satisfied with the explanation then it shall make
a recommendation to the Federal Government for closure of the institution to
which shall include a scheme for adjustment of students in other recognized
institutions of the corresponding public or private sector, as the ease may be.

(3) On recommendations of the Council, the Federal Government may,

by notification in the official Gazelle, direct that an entry shall be made in the
First, Third, Fifths Sixth or Seventh Schedule, as the case may be, against the said
medical or dental or a postgraduate institution and qualification granted by it,
hospital or 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.

21. Establishment and running of medical and dental institutions

without recognition.- No person shall run nor establish any institution for
training or grant or both training or grant of medical or dental qualifications,
additional medical or denial education, training for house job, internship or
foundation year or an organization for continuous professional development
opportunity providing neither shall any university grant affiliation to any such an
institution nor any such institution shall award any degree unless recognition has
been granted to such college or institution under this Act.

22. Penalty. (1) Whoever runs or establishes or endorses any

institution or advertises admissions in an institution for imparting education in
medicine or dentistry, which is not recognized under this Act or in respect of
which recognition has been withdrawn under this Act, 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 may extend to five
million rupees but shall not be less than two million rupees or with both and shall
also be liable to closure of such institution.

(2) Where any contravention of this Act has been committed by a body
corporate or institution and it appears from the relevant documents that 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 Act,
2017 (XIX of 2017), only its Chief Executive shall be liable under this section.

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

institution" includes a firm, association of persons and a society registered under
the Societies Registration Act, 1860 (XXI of 1860) or under the Cooperative
Societies Act, 1925 (VII of 1925).

(2) Where any contravention of this Act 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 deemed guilty of such
contravention alongwith the Government agency, local authority or local council
and shall be liable to be proceeded against and punished accordingly.

26. Maintenance of Register of medical practitioners.- (1) The Council

shall maintain a Register of medical practitioners possessing qualifications which
are recognized medical or additional medical qualifications for the purposes of
this Act and may prescribe the necessary particulars to be entered in the
Register. Holders of a recognized basic degree shall be registered on provisional
basis for internship or foundation or house job of a minimum of one year duly
assessed, hands on clinical rotation in an approved hospital or institution
included in the Sixth Schedule which shall be mandatory for conversion of
provisional registration into full registration.

(2) The practitioner shall be deemed to hold a valid registration and

entitled to be known and eligible for privileges of a registered medical
practitioner if his name is retained on the Register after fulfillment of
requirements of continuation of registration as laid down by the Council from
time to time and provided he had paid the dues of the Council. The valid
registration certificate shall be the license to practice medicine in Pakistan.

27. Medical and dental colleges admissions tests (MDCAT).—(1) The

Council shall approve a range of dates upon which all the Provinces including
Gilgit Baltistan shall conduct a provincial MDCAT, to be administered by the
Provincial Authorities. Each Province shall appoint a Provincial MDCAT
committee, comprising four members, of which two shall be from the
government medical/dental institutions and two from the private medical/dental
institutions. Their responsibility would be to oversee the provincial MDCAT
admission process and to appoint a committee to make the Provincial MDCAT
examination. This MDCAT Examination Committee shall have six members three
from Public and three from private Intermediate/FSc. Institutions, with at least
two members from the A level examination system.

(2) Each province as per the policy and regulations approved by the
Provincial Government shall conduct a single admission test based on their
Intermediate or equivalent syllabus for all students seeking admission in
undergraduate programs both in Public and Private Medical and Dental Colleges
and Universities. The test shall be a mandatory requirement for all students who
have completed their education in Pakistan.

(3) Overseas Pakistanis or Foreign Nationals will have to appear in the

Subject Examination of Scholastic Aptitude Test (SAT) in the subjects of Biology,
Chemistry and Physics or Maths and should have achieved at least 580 marks in
each subject or appear in the MDCAT conducted in Pakistan.

(4) The MDCAT result of one province shall be valid for the entire country
and be valid for a period of three years. There shall be no domicile restriction of
any student appearing in any province’s MDCAT. The admissions to Provincial
Public Sector Colleges shall be according to the policies of the respective
provincial government. The Private sector colleges shall be able to admit students
irrespective of their place of residence or domicile.

(5) No student shall be awarded a medical or dental degree in

Pakistan who has not passed the MDCAT or appeared in the SAT with the
requisite minimum marks, prior to obtaining admission in a medical or dental
college in Pakistan:
Provided that such requirement shall be mandatory for all students
who have been enrolled in medical or dental under-graduate programs in the
year 2021 and thereafter.
(6) The admission to medical or dental programs conducted by
public colleges shall be regulated as per the policy of the Provincial Governments
strictly on merit and admission to a private college shall be in accordance with
the criteria and requirements stipulated by the private college at least one year in
advance of admissions including any additional entrance test or interview as may
be conducted by a private college:
Provided that the marks obtained by a student in MDCAT conducted by the
province shall constitute a minimum of fifty percent of the weightage for the
purposes of admission in the public and private colleges.
(7) The Minimum marks required to be eligible to get admission
in any medical or dental undergraduate institution in Pakistan shall be 65% in the
intermediate/FSc. or whatsoever name the examination is called.
(8) The Minimum marks required in MDCAT to be eligible to get
admission in any medical or dental undergraduate institution in Pakistan shall be
60% for Medical Colleges and 50% for the Dental Colleges.

28. National Licensing Examination (NLE): The council shall at least

twice a year as per schedule previously announced conduct the NLE. Passing the
NLE shall be mandatory for obtaining a full license. The NLE shall be substantially
based on objective computer based multiple choice questions and a practical
component if determined by the council.

There will be no limit on the number of times a person may appear in

the NLE. A person will be granted a provisional license to complete their house
job even without the NLE. However, the full registration will only be issued once
the NLE has been passed. This shall apply to all graduates from either Pakistani or
foreign institutions:

Provided that any local or foreign graduate who has obtained a post
graduate qualification, recognized in Pakistan shall not be required to qualify the
NLE and shall be granted a full license to practice on the basis of the recognized
post graduate degree.

29. National Equivalence Board examinations.- (1) The council shall at

least twice a year as per schedule duly notified in advance conduct the NEB to
assess and oversee the assessment of the knowledge, clinical skills and
professional attributes of students who have partially completed a medical or
dental program in a foreign institution and are seeking transfer to and admission
in a medical or dental college in Pakistan. The NEB shall be substantially be based
on objective computer based multiple choice questions.

(2) Any student who has been enrolled in a medical or dental

institution in a college outside Pakistan and has completed two years or more of
the program may seek transfer and admission to a medical or dental college in
Pakistan subject to qualifying the relevant standar of the NEB for the prescribed
period of each program of study pursuant to which the student shall be qualified
to obtain admission in the immediate subsequent year.

(3) A student shall be required to take the NEB within twelve months
of having left his program of study outside Pakistan in order to be eligible for
admission to a medical or dental college in Pakistan. There shall be no limit to the
number of times the student can appear for the NEB examination.

30. Maintenance of Register of dental practitioners.- (1) The Council

shall maintain a Register of dental practitioners possessing qualifications which
are recognized dental or additional dental qualifications for the purposes of this
Act and may prescribe the necessary particulars to be entered in the Register.
Holders of a recognized basic degree shall be registered on provisional basis for
internship or foundation or house job of a minimum of one year duly assessed,
hands on clinical rotation in an approved hospital or institution included in the
Sixth Schedule, which shall be mandatory for conversion of provisional
registration into full registration.

(2) The practitioner shall be deemed to hold valid registration and

entitled to be known and eligible for privileges of a registered dental practitioner
if his name is retained on the Register after fulfillment of requirements of
continuation of registration as laid down by the Council from time to time and
provided he had paid the dues of the Council. The valid registration certificate
shall be the license to practice dentistry in Pakistan.

31. Registers to be public documents.— The Register maintained under

section 23 or section 26 shall be deemed to be public document within the
meaning of the QanuneShahadat, 1984 (P.O. No. 10 of 1984).

32. Penalty for fraudulent representation or registration.— Whoever

falsely pretends to be registered under this Act as a medical practitioner or
dentist and uses with his name or title any words or letters representing that he is
so registered with the Council or uses the word "doctor" without legal basis,
irrespective of whether any person is actually deceived by such pretence or
representation or not, shall, on conviction before a Magistrate of the first class,
be punishable with fine which may extend to one hundred thousand rupees or
with imprisonment for a term which may extend to six months or with both. Any
person found aiding and abetting him shall also be prosecuted and punished.

33. Penalty of practicing without registration.- (1) No person, other

than a registered medical or dental practitioner, shall practice medicine or
dentistry.

(2) Any person who acts in contravention of the provisions of sub-

section (1) shall be punishable with imprisonment for a term which may extend
to two years but shall not be less than six months or with fine which may extend
to two hundred thousand rupees but shall not be less than one hundred
thousand rupees or with both.

34. Cognizance of offences.- (1) No Court shall take cognizance of any

offence or matter under this Act except upon complaint in writing made by the
authorized officer of the Council.
 (2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the first
class to pass any sentence authorized by this Act even if such sentence exceeds
his powers under Section 32 of the said Code.

35. Privileges of registered medical or dental practitioners.- (1) A

registered medical practitioner and dentist shall have following privileges,
namely:

(a) valid registration shall be considered as a licence to practice medicine

and dentistry in Pakistan and of a level mentioned by the Council in
the registration certificate;

(b) a registered medical practitioner or a registered dentist having valid

full registration shall be competent to practice medicine or dentistry
and prescribe allopathic medicine and perform any surgical or
interventional procedure on any patient;

(c) a registered medical practitioner or a registered dentist having valid

full registration may take admission for an additional qualification
course;

(d) to hold any medical or dental or relevant administrative appointment

in any medical or dental institution or setup or hospitals or clinic or
related health institution;

(e) to hold a Council as a medical or dental officer in the Armed Forces;

and

(f) only a registered practitioner having valid registration is eligible to

 participate in the elections of the member of the Council.

(2) Notwithstanding anything to the contrary contained in any other law

for the time being in force, no medical certificate or proscription or advice shall
be considered valid unless obtained from a medical or dental practitioner having
valid registration.

(3) No person shall be entitled to recover any charge in any Court of law
for any medical or surgical advice or attendance or for the performance of any
operation or intervention or for any medicine prescribed or supplied unless he
can prove upon the trial that he is a registered medical or dental practitioner
having valid registration.

36. Provisional Committee.- There shall be a provisional Council which

run day to day affairs of the Council till the establishment of the permanent
council.
(2) Minister-in-charge shall announce the name of the provisional Council
on such term and conditions as may be prescribed by the regulations.
(3) the Provisional Council shall establish within two weeks after the
commencement of this Act.

37. Responsibilities of registered medical or dental practitioner.- (1)

No registered person shall use or publish in any way whatsoever any time,
title, description or symbol indicating or calculated to lead persons to infer that
he possesses any additional or other professional qualification unless the same
has been conferred upon him by a legally constituted authority within or outside
Pakistan and which is recognized under this Act.
(2) Every registered medical practitioner or dental practitioner shall comply
with the code of medical ethics prescribed by the Council.
 38. Power to make rules.- The Council shall make rules after approval of
the Federal Government, in the official Gazette within six months of the
commencement of this Act.
39. Delegation.- The Council may, special order of two thirds majority,
delegate to the President, Vice-President or committee of the Council, any of its
powers or responsibilities under this Act subject to such conditions or limitations
as may be prescribed by rules:
Provided that delegation of such power shall not include the power to
grant, revoke or cancel recognition of a medical or dental institution or
undergraduate or post graduate degrees or any of its financial powers including
the power to approve the annual budget.

40. Removal of names from the Register.- (1) The Council, in its
discretion, may direct the Registrar to remove altogether or for a specified period
from the Register the name of any registered medical practitioner or registered
dentist who has been convicted by the disciplinary committee or by any other
Court of law of any such offence as implies in the opinion of the Council a defect
of character defined in the code of ethics of practice or who, after an inquiry at
which opportunity has been given to such person to be heard in person or
through a pleader, has been convicted by the disciplinary committee of the
Council as guilty of professional negligence or incompetence or who has shown
himself to be until to continue in practice or on account of mental ill health or
other grounds as prescribed in the code of ethics of practice regulations.

(2) The Council may also direct that any name removed from the
Register under subsection (1) shall be restored.

(3) For the purpose of an inquiry under subsection (1), the disciplinary
committee of the Council shall exercise all the powers of a Civil Court under the
Code of Civil Procedure, 1908 (Act V of 1908) for summoning the witnesses, for
compelling the production of documents and for issuing Councils with the help of
law enforcing authorities.

(4) The claim of professional negligence shall initially be established

before the disciplinary committee of the Council before any other proceedings.

41. Power to make Regulations.(1) The Council may, with the previous
sanction of the Division, make Regulations generally to carry out the purposes of
this Act, and, 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 a
quorum ;

(c) the powers and duties of the President and VicePresident ;

(d) the mode of the appointment of the Executive Committee and other
Committees, the summoning and holding of meetings, and the
conduct of business of such Committees ;

(e) code of practice and ethics for the medical and dental practitioners;

(f) the appointment, powers, duties and procedures of medical and

dental inspectors;
 (g) the conditions 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 necessary, for opening
of suboffices or branches for this purpose;

(g) the fee for application under section 22A;

(h) the procedure for any inquiry under subsection (1) of Section 31; and

(i) any matter for which under this Act provision may be made by
regulations.

(2) Notwithstanding anything contained in subsection (1), the Council

shall make Regulations which may provide for

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

obtaining graduate and postgraduate medical and dental
qualifications to be included 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 the conditions for admission to courses of training as

aforesaid ;

(d) prescribing minimum qualifications 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 Act;

(f) prescribing the qualifications, experience and other conditions

required for examiners for professional examinations in medicine and
dentistry antecedent to the granting of recognized medical and dental
and additional medical and dental qualifications;

(g) registration of medical or dental students at any medical or dental

college or school or any university and the fees payable in respect of
such registration;

(h) laying down criteria including university affiliation, conditions and

requirements for recognition and continuation of recognition and for
grant of status of a teaching institution of institutions and
organizations under this Act and on all connected matters of
inspection of medical and dental institutions for recognition and
continuation of recognition and inspection of examinations in these
institutions and fee for such inspections;

(i) terms and conditions of service for all employees appointed under this
Act;

(j) election of members of the Council; and

(k) prescribing a uniform minimum standard for continuous professional

development for registered graduate and postgraduate medical and
dental practitioners.
 42. Information to be furnished by the Council and publication thereof.
—(1) the Council shall furnish such reports, copies of its minutes, abstracts of its
accounts, and other information to the Federal Government as it may require.

(2) The Division may publish, in such manner as it may think fit, any
report, copy, abstract or other information furnished to it under this Act.

43. Council of inquiry.—(1) Whenever it is made to appear to the

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

(2) Such Council shall proceed to inquire in a summary manner and to

report to the concerned Division 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 Council to have been established, the Council shall recommend the
remedies, if any, which are in its opinion necessary.

(3) The concerned Division shall forward the report of the Council of
inquiry to the Council for implementation and for remedial actions. The Council
shall submit lo the Federal Government a detailed plan of remedial measures to
be adopted by the Council which shall be considered as approved if no further
orders are passed by the Federal Government in this regard within three months.
All remedial actions shall be taken by the Council within a stipulated period of
three months and the Council shall submit to the concerned Division a report of
actions taken thereon. If the Council fails to comply with the remedial measures
forwarded to it by the concerned Division, concerned Division may by itself
amend the regulations of the Council or make such provisions or issue orders or
take such other steps as may seem necessary to give effect to the
recommendations of the Council.

(4) The Council 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).

44. Overriding provision.— The provisions of this Act shall have effect
notwithstanding anything to the contrary contained in any other law for the time
being in force. No suit, prosecution or other legal proceeding shall lie against the
Government, the Council or any committee thereof or any officer or servant of
the Government or the Council for anything which is in good faith done or
intended to be done under this Act.

45. Transitory provision.- (1) On the commencement of this Act, the

President, Vice-President and members of the Medical and Dental Council,
Chairman and Members of the National Medical and Dental Academic Board,
members of National Medical Authority and Secretary of the Council appointed
or notified, as the case may be, under the Pakistan Medical Commission Act, 2020
(XXXII of 202) shall stand de-notified and shall cease to hold office and act as or
be a part of the Council, Board, Authority or Disciplinary Committee or any other
body or authority, constituted under the Pakistan Medical Council Act, 2020
(XXXIII of 2020):

Provided that matter of the Council shall be run by a provisional committee under
this Act for a temporary period not more than six months or stand dissolves after
the establishment of the Council under this Act, whichever is earlier.
The provisional council shall consist of two members from each of the provinces
and Gilgil Baltistan. These members will be nominated by the Minister incharge
of the concerned Division, who shall also nominate the President and Vice
President of provisional council from amongst its members, and these council
members shall not be eligible to be part of the future permanent council.

46. Repeal and Savings. – (1) The Pakistan Medical Commission Act, 2020
(XXXIII of 2020) hereinafter referred to as the repealed Act, shall stand repealed.
(2) The Pakistan Medical Commission formed pursuant to repealed Act
stands dissolved upon the commencement of this Act.

(3) All acts, orders, and decisions etc, passed or approved by the members
of dissolved Pakistan Medical Commission after their appointment are illegal,
having no effect, unless the same are reviewed by the Council constituted under
this Act.

(4) All assets, rights, moveable and immoveable properties, records cash,
bank accounts, deposits etc of the dissolved Pakistan Medical Commission under
the repealed Act shall stand transferred to the Council and shall be deemed to be
assets, rights, properties, records, cash, bank accounts, deposits etc of the
Council constituted under this Act.

(5) All assets, liabilities, payables and receivables of the dissolved Pakistan
Medical Commission under the repealed Act shall be deemed to be the assets,
liabilities, payables and receivables of the Council constituted under this Act.

(6) On commencement of this Act all employees of the dissolved Pakistan

Medical and Dental Council constituted under Pakistan Medical and Dental
Council Ordinance, 1962 shall be deemed to be employees of the Council
constituted under this Act on terms and conditions of their initial appointment
under Pakistan Medical and Dental Council Ordinance, 1962.

(7) Upon commencement of this Act any action taken, proceedings

initiated, pending or concluded, decisions made, orders passed or notification
issued under the repealed Act regarding golden shake hand scheme or any other
severance package of employees or change of terms and conditions of pension of
retired employees of dissolved Pakistan and Medical Council is hereby recalled
and shall have no legal effect.
Provided that all such employees shall stand reinstated on such terms and
conditions of their initial appointment.
(8) Subject to sub-section (3) all registration, recognition etc granted by
the Medical Commission of Pakistan under the repealed Act shall be deemed to
be the registration, recognition granted by the Commission

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
 STATEMENT OF OBJECTS AND REASONS

It is clearly evident that memberships of the Pakistan Medical Commission (PMC)

have been given mostly to non-medical professionals and obviously irrelevant
people would be making policies for Medical and Dental profession. One could
imagine that if law making and judicial policies making tasks are assigned to the
Medical and Dental or other irrelevant professionals what would be the
outcome?
There are more than 150 medical colleges and dental schools in Pakistan. The
country produces more than 12,800 doctors and 2,100 dental surgeons every
year. Our disease pattern is different from the USA and UK, and our cultural and
social behaviour demands a different kind of attention. A majority of our
population lives in unhealthy and toxic environments as the rural areas and
massive city slums are without clean water or sewerage systems. Half of the
population lives below the poverty line, earning less than two dollars a day. With
no access to emergency medical and obstetrical care, they do not receive routine
vaccination against diseases such as diphtheria, polio, typhoid or other
preventable infectious diseases.

The PMC Act, 2020 is only with lines to produce doctors for overseas countries.
PMC allow the owners of private medical colleges and universities to make
billions of rupees in the name of education. There is no say of in matters of public
sector medical and dental colleges and medical universities after enactment of
PMC Act, 2020 nor have enough power to audit the conduct of CPSP and
postgraduate training in universities. The PMC can be seen as a perfect example
of one man. The PMC Act, 2020 is not well thought out and will not be
acceptable. It is time to restore PMDC with reforms to make it a democratic,
independent and powerful body that can produce professional doctors who can
work for the country.

Senator Saleem Mandviwala

Secretary
Senate of Pakistan, Secretariat

Subject: Notice to introduce Private Member Bill

I hereby give notice to move for leave to introduce the Pakistan Medical and
Dental Council Act, 2022, in the Senate of Pakistan under rule 94 of the Rules of
Procedure and Conduct of Business in the Senate, 2012.

Senator Saleem Mandviwala