PART I] THE GAZETTE OF PAKISTAN, EXTRA.

, JANUARY 16, 2023 15

ISLAMABAD, MONDAY, JANUARY 16, 2023

PART I

Acts, Ordinances, President’s Orders and Regulations

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 13th January, 2023

No. F.23 (34)/2022-Legis.—The following Act of Majlis-e-Shoora

(Parliament) received the assent of the President on the 12th January, 2023 is
hereby published for general information:—

ACT NO. IV OF 2023

AN

ACT

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;

It is hereby enacted as follows:—

(15)
Price: Rs. 60.00

[47(2023)/Ex. Gaz.]
16 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

1. Short title, extent and commencement.—(1) This Act shall 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 Fourth 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 practitione’s development in his related profession; and

(iii) be relevant to the practice of registered medical or dental

practitioner.

(d) “committee” means any committee constituted under this Act and
includes executive committee;

(e) “continuous professional development opportunity provider”

means an organization providing continuous professional
development opportunities and included in the Fifth Schedule;

(f) “dental institution” means and 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;

(g) “division concerned” means the division to which business of this

Act stands allocated;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 17

(h) “full registration” means a permanent registration to practice

granted under this Act, subject to continuing validity of the
registration under this Act and applicable rules and regulations;

(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 include veterinary
medicine and its surgery;

(1) “medical and dental colleges admissions tests” or “MDCAT”

means the medical and dental college admission tests, as defined in
section 17;

(m) “national equivalence board examination” or “NEB” means the

national equivalent board examination, as defined in section 19;

(n) “national registration examination” or “NRE” means national

registration re-examination, as defined in section 18;

(o) “Pakistan university” means any university established under a

Pakistan law and having a constituent medical or dental college or
both;

(p) “President” means President of the Council;

(q) “provisional registration” means a registration granted to enable

training and education prior to grant a full registration and
subsequent to having qualified the national registration examination
under this Act;

(r) “prescribed” means prescribed by rules and regulations;

(s) “recognized medical qualification” means any basic medical

qualification included in the First Schedule;

(t) “recognized dental qualification” means any basic dental

qualification included in the Third Schedule;
18 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

(u) “recognized additional medical or dental qualification” means

any additional medical or dental qualification included in the
Second Schedule;

(v) “register” means the register of medical practitioners maintained

under section 36 or the register of dental practitioners maintained
under section 37;

(w) “registered medical practitioner” means a medical practitioner

whose name is included in the register maintained under section 36;

(x) “registered dental practitioner” means a dental practitioner

whose name is included in the register maintained under section 37;

(y) “regulations and rules” mean regulations and rules made under
this Act;

(z) “registerable qualifications” mean medical or dental

qualifications recognized under this Act; and

(za) “specialists boards” mean recognized specialist boards included in

the Sixth Schedule.

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

Minister shall, by notification in the official Gazette, constitute the Council
consisting of the following members, namely:-

(a) three members of civil society nominated by the Prime Minister on

recommendations of the Minister-in-charge of the division
concerned, that is to say-
(i) one member shall be a philanthropist who is a professional
of known integrity and eminence with a minimum of
fifteen years of related experience in the field of
philanthropist;

(ii) one member from legal profession of known integrity and

eminence with a minimum of fifteen years of experience in
the field of law as a practicing lawyer or a retired High
Court Judge; and

(iii) one member who shall be a chartered accountant of known

integrity and eminence with a minimum of fifteen years of
related experience in the field of accountancy;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 19

(b) five members being licensed medical practitioners one of whom

shall be a dentist, all of them having fifteen years of teaching
experience which may include the vice-chancellor or dean or
principal of any medical university or medical and dental institute
or teaching hospital or post graduate medical institution but shall
not be the owner or shareholder or administrator of any private
medical and dental university or private medical and dental college
or private institute to be nominated by the Prime Minister on
recommendations of the Ministerin-charge;

(c) one member being the surgeon general of the armed forces medical
services;

(d) the secretary of the division concerned;

(e) secretaries, health departments of all four Provinces; and

(f) one member to be elected by the Council of the College of

Physicians and Surgeons of Pakistan.

(2) The division concerned shall call first meeting of the Council
within fifteen days after its constitution under sub-section (1).

(3) Subject to sub-section (4) of section 5, the President of the Council

shall be appointed by the Prime Minister on the recommendations of the
Minister-in-charge from amongst the members under clause (b) of sub-section (1).

(4) No member shall enter upon office until he signs and submits a
declaration of no conflict of interest.

(5) The President shall be the head of the secretariat of the Council.

(6) No Act of the Council shall be invalid on the ground merely of

existence of any vacancy, in or any defect in the constitution, of the Council.

(7) In absence of the President, the meeting of the Council shall be

chaired from any of the members of clause (b) of sub-section (1) as the members
present may elect.

(8) The Registrar of the Council shall Act as secretary of the Council.

4. Mode of election.— (1) An election under this Act shall be

conducted by the Council on such terms and conditions as may be prescribed.
20 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

(2) Where any dispute arises regarding election for the presidency of
the Council it shall be referred to the Federal Government through Minister-in-
charge whose decision thereon shall be final.

5. Restrictions on nominations and election.—(1) No person shall

be eligible for nomination under clauses (a), (b), (c) and (f) of sub-section (1) of
section 3, unless he is a registered medical practitioner or a registered dentist, as
the case may be.

(2) No person shall be eligible for nomination under clause (b), of sub-
section (1) of section 3, unless he resides in the Province or area concerned.

(3) No person shall at one and the same time serve as a member under
more than one clauses of sub-section (1) of section 3.

(4) No member shall be eligible for the election of presidency of the

Council unless he is a registered medical practitioner.

6. Incorporation of the Council.—The Council constituted under

section 3 shall be a body corporate by the name of the Pakistan 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 term of a member nominated or elected

to the Council shall be four years unless earlier withdrawn by the nominating. No
member of the Council shall serve for more than two terms.

(2) The President of the Council shall hold office either for a term not
exceeding three years or till completion of their term as member of the Council
whichever is earlier.

(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.

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

(5) An office-bearer or nominated member may, at any time, resign

from 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.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 21

(6) A vacancy in the Council shall be filled by the respective

nominating authority. Any nomination required to fill a vacancy shall be
submitted within fifteen days of such vacancy having occurred. The nomination
shall be for the remaining period of the member.

8. Meetings of the Council.—(1) The Council shall meet as often as

required but at least once in every three months at such time and place as may be
decided by the President. A notice of the meeting shall be issued fourteen days
prior to the meeting with the exception of emergency meeting which may be
called with requisition of minimum of seven members of the Council for which
reasons shall be recorded in writing and conveyed to the division concerned.

(2) Decision of majority members of the Council present and voting

shall be construed a decision of the Council.

(3) Seven members of the Council shall constitute a quorum for

meetings of the Council.

9. 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 shall hold the President of the Council, national medical and dental
academic board, committees 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 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 the Council deems necessary to carry
out the purpose of this Act and to provide for all matters relating to
welfare, terms and conditions of service of the members, officers
and employees of the Council in accordance with regulations made
by the Council and including the right to institute a voluntary,
golden handshake scheme;

(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;
22 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

(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;

(f) to make rules and regulations for the conduct of admission in

medical and dental colleges and examinations to be conducted by
each province, Islamabad Capital Territory and Gilgit-Baltistan and
approve the examination structures and standards of the national
registration examination and the national equivalence board
examination as proposed by the national medical and dental
academic board including the standards of renewal and revalidation
of registrations 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 post
graduate qualifications and to the qualifications granted by these
institutions leading to registration of the graduates of those
programs to practice medicine and dentistry 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;

(j) to approve listing for any new medical and dental specialists;

(k) to hear and decide complaints against licences of professional

negligence and misconduct in accordance with regulations
prescribed by the Council;

(1) to provide non-binding advice to the Federal Government through

Minister-in-charge and the Provincial Governments and the
Majlis-e-Shoora (Parliament) when sought on proposals for
granting a charter by the Majlis-e-Shoora (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 through Minister-incharge and

the Provincial Governments, health-care commission, regulatory
bodies in the field of medicine and dentistry and any other authority
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 23

or local body on matters within the powers of the Commission

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) to determine the remuneration and allowances to be paid to the

members of the Council and board;

(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 licences,

examinations, registrations, inspections, permissions, process 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) to hear appeals against any order, act or decision of the national
medical and dental academic board; and

(u) to do all such matters as are ancillary including issuance of policies

or making of regulations, convenient for or which foster or promote
the advancement of matters that are the subject of these objectives
and this Act.

(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 board of the Council for the purpose of satisfying itself as
to the correctness, legality or propriety or any finding or order and may pass such
orders as it may deem fit:
24 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

Provided that no such order shall be passed unless the person to be

affected thereby is afforded an opportunity of being heard.

10. Composition of national medical and dental academic board.—

(1) The board shall comprise the following members to be notified after approval
by the Federal Government through Minister-in-charge in the official Gazette,
namely:—

(a) the Chairman, Higher Education Commission of Pakistan;

(b) the President of the College of Physicians and Surgeons of

Pakistan;

(c) two deans or heads of department of a public medical university or

college nominated by each Provincials Government, Islamabad
Capital Territory and Gilgit-Baltistan from amongst the universities
located in the respective province or area;

(d) one dean or head of department of a private medical university or

college nominated by each Provincial Government, Islamabad
Capital Territory and Gilgit-Baltistan from amongst the universities
located in the respective province or area;

(e) one dean or head of department of a public dental university or

college nominated by each Provincial Government, Islamabad
Capital Territory and Gilgit-Baltistan from amongst the universities
located in the respective province or area;

(f) one dean or head of department of a private dental university or

college nominated by each Provincial Government, Islamabad
Capital Territory and Gilgit-Baltistan from amongst the universities
located in the respective province or area; and

(g) the principal of the Army Medical College.

(2) After the notification of the members of the board, the Council shall
forthwith and not later than fifteen days from the issuance of notification call the
first meeting of the newly constituted board.

(3) A dean of public sector medical university or teaching hospital or

post graduate medical institution shall be the ex-officio Chairman of the board to
be nominated by the Council.

(4) No act done by the board shall be invalid on the ground merely on
existence of any vacancy in, or any defect in the constitution of, the board.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 25

11. Term of office of board members.— (1) The term of a board’s

member shall be four years unless earlier withdrawn by the nominating or
appointing authority for reasons to be disclosed to the member prior to such
withdrawal. No member of the board shall serve for more than two consecutive
terms.

(2) If a member nominated to the board under clauses (c), (d), (e) and
(f) of sub-section (1) of section 10 fails to attend three consecutive meetings of
the board 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 board and the
nominating authority shall be required to nominate a new member in accordance
with section 10.

(3) A member shall be removed by the division concerned, if—

(a) his name has been removed from the register of practitioners as a
result of inquiry under this Act; or

(b) he becomes insane or is declared un-discharged insolvent by a

competent court; or

(c) he is convicted of a criminal offence involving moral turpitude,

including unprofessional and un-ethical conduct under this Act; or

(d) his nomination is withdrawn in accordance with sub-section (1).

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

reasons provided for under sub-section (3), his membership shall be deemed
suspended until the issuance of a notification of removal by the division
concerned under sub-section (1).

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

(6) A nominated member may, at any time, resign from his

membership by writing under his hand address to the President of the Council
and the seat of such member shall be deemed to have fallen vacant from the date
of acceptance of his resignation by the President.

(7) A vacancy in the board shall be filled through the prescribed

process of nomination under section 10 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.
26 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

12. Meetings of the board.— (1) The board shall meet at least once in
three months at the office of the Council on such date and at such time as may be
decided by the Chairman. A notice of the meeting shall be issued at least fourteen
days prior to the meeting.

(2) A meeting of the board for a specific purpose may be called by the
Council at a date and time to be determined by the President of the Council in
consultation with the Chairman of the board. In the absence of Chairman of the
board, any member may preside over the meeting with the consensus of the
present members.

(3) A minimum of two-thirds of the members of the board shall form a

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

(4) The registrar of the Council shall act as secretary of the national
medical and dental academic board.

13. Powers and functions of the board.—(1) The board shall have the
following functions and powers, namely:-

(a) to formulate accreditation standards, for undergraduate medical

and dental programs of study based in Pakistan and recommend to the Council
for its approval;

(b) to formulate curriculum and scope of under-graduate medical and

dental programs of study in Pakistan leading to general or specialist registration
of the graduates of those programs to practice medicine and dentistry in Pakistan
and recommended to the Council for its approval;

(c) to formulate the examination procedure and structure for the

MDCAT to be conducted by the respective provinces for approval of the
Council;

(d) to formulate the examination structure and standards for the NEB
examinations of different levels and to set up and authorize a committee of not
less than three persons to formulate the NEB examination papers for approval of
the Council;

(e) to formulate and recommend to the Council for its approval the
standards, scope and structure of the registration re-validation standards (LRS)
and to formulate the necessary procedures for re-validation of registrations;

(f) to review and issue recommendations in respect of the academic

standard of any foreign institution referred by the Council; and
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 27

(g) to recommend to the Council matters pertaining to policies for

improvement of the quality of medical and dental practitioners and health-care in
Pakistan.

14. Registrar of the Council.—(1) The Council shall appoint through

a transparent process on merit a registrar who shall act as the registrar to the
Council and the board in the prescribed manner.

(2) The registrar shall maintain all records of the Council and the board
including recording and issuing the minutes of all meetings of the Council and
the board in real time and as approved at the relevant meeting and shall under his
signatures issue all notifications and decisions of the Council and the board as
and when necessary.

(3) The registrar shall be the custodian of the common seal of the
Council.

(4) The registrar shall cause to be displayed on the website of the

Council all minutes of the meetings of the Council and the board as approved,
audited accounts of the Council and all notifications and decisions of the Council
and the board.

15. Committee of the Council.—The Council and the board shall have
the power to constitute necessary committees comprising its members and such
other persons as the Council and the board deem proper for undertaking the
functions of the Council or to advise and assist the Council and the board in
exercise of its powers.

16. Executive committee.— (1) The executive committee shall consist

of nine maximum members, of whom seven shall be elected by the Council from
amongst its members and of which at least one shall be from a dental university
or college and one from the medical university. The President shall have the
power to co-opt a maximum of two additional members to the Committee.

(2) The President of the Council shall be ex-officio member of the

executive committee and shall be its President.

(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.

17. Medical and Dental Colleges Admission Tests (MDCAT).—(1)

Each province, Gilgit-Baltistan and Islamabad Capital Territory as per the policy
and standards approved by the Provincial Governments and Federal Government
28 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

respectively shall conduct on the dates approved by the Council, a single

admission test based on the intermediate or equivalent syllabus for all students
seeking admission in undergraduate programs both in public and private medical
and dental colleges and universities.

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

who has not passed the MDCAT prior to obtaining admission in a medical or
dental college in Pakistan:

Provided that the mandatory requirement of MDCAT shall not apply to

students seeking admission on a special program seat predefined exclusively for
foreign students and on the seats reserved for overseas Pakistanis.

(3) The admission to medical and dental programs conducted by public

and private colleges and universities shall be regulated as per the policy and
standards of the Federal Government through Minister-incharge, Provincial
Government and Gilgit- Baltistan strictly on merit. However, private colleges
may take any additional entrance test subject to any condition imposed by the
relevant university to which such college is affiliated:

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.

(4) The MDCAT result of one province shall be valid for the entire
country and shall be valid for a period of three years. Each province, Gilgit-
Baltistan and Islamabad Capital Territory shall give preference to the students
having domicile of their respective province or territory as the case may be.

(5) Admissions on vacant seats shall be decided by the respective

provincial government and respective authority in case of Gilgit-Baltistan and
Islamabad Capital Territory.
18. National Registration Examination (NRE).— (1) The Council
shall at least twice a year as per schedule approved by the Council conduct the
NRE for Pakistani foreign graduate students. Passing the NRE shall be
mandatory for obtaining a full registration. The NRE shall be substantially based
on objective computer based multiple choice questions and a practical component
if determined by the Council:
Provided that there shall be no limit on the number of times a person may
attempt the NRE.

(2) A person, having obtained an undergraduate medical or dental

qualification issued by a foreign university or an undergraduate medical or dental
qualification issued by a foreign institution duly recognized by the Council, shall
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 29

be granted a provisional registration to undertake his house job within fourteen

days of verification of their qualification by the granting institution:

Provided that the person to whom a provisional registration is granted

shall complete the mandatory requirement of passing the NRE at any time prior
to issuance of full registration of foreign Pakistani graduates.

(3) Any medical or dental practitioner who has obtained a registration

to practice in any foreign country after having qualified from a foreign institution
recognized by the Council shall be required to qualify the NRE for grant of a full
registration to practice in Pakistan.

19. National Equivalence Board Examination (NEB).—(1) The

Council shall at least twice a year as per schedule approved by the Council
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 and 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 based on objective computer based multiple choice questions.

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

institution or college outside Pakistan and has completed more than two years of
the program may seek transfer and admission to a medical or dental college in
Pakistan subject to qualifying the relevant standard 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 immediately 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.

20. Standards of medical and dental education.— (1) All

universities shall ensure that all medical and dental colleges at the time of
seeking affiliation fulfill and thereafter consistently maintain the accreditation
standards including the maximum students in each year permitted consequent to
the accreditation standards for undergraduate medical and dental programs of
study based in Pakistan as formulated by the board and approved by the Council:

Provided that every private medical and dental college seeking affiliation
shall be body corporate registered as a limited company under the Companies
Act, 2017 (XIX of 2017).

(2) All universities shall ensure that all affiliated or constituent colleges
conduct programs of study for grant of undergraduate medical or dental degrees
as per the curriculum and scope of undergraduate medical education prescribed
by the board and approved by the Council.
30 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

(3) All universities shall ensure that all affiliated or constituent colleges
within thirty days of completing their admissions each year provide to the
Council particulars of the students enrolled and further provide any change in the
status of the students during the students’ period of studies including
discontinuation of studies or transfer to another college within fifteen days of
such change occurring.

(4) All universities shall within ten days of students having

successfully completed the program of study and passed their final examinations
inform the Council verifying the results to enable the students to be registered.

(5) The standard and structure of faculty shall be regulated as

prescribed by the national medical and dental academic board of Pakistan or any
other law applicable to a teaching institution subject to the minimum standards
determined by the board.

(6) Any violation by a medical or dental college shall be actionable by

the Council in accordance with regulations as may be prescribed.

(7) All medical and dental colleges shall, at least three months prior to
initiating the annual admissions process, publicly declare the fixed tuition and all
ancillary fee structure on an annual basis for the entire program of study in which
the students are seeking enrolment and which fee structure shall not be enhanced
during the students period of enrolment at the college. No medical or dental
college shall seek, demand or receive from a student or a student’s family,
directly or indirectly, any donation or other payment prior to or at the time of
admission or thereafter during the period of the students continuing enrolment at
the college whether as consideration for grant of admission or otherwise.

(8) At the beginning of each year, medical and dental colleges in

respect of their undergraduate medical or dental program shall submit their
annual financial statements for the previous year and any other years required by
the Council, proposed fee structure and its justification to the Council.

(9) The private medical and dental college may obtain affiliation with
any university having a medical faculty, duly recognized by the national medical
and dental academic board subject to such university’s territorial jurisdiction.

21. Recognition of medical institutions and qualifications.—(1) The

Federal Government through Minister-in-charge may grant recognition to any
medical institution in Pakistan which trains or grants or both trains and grants
medical qualifications and the qualifications granted by them. All such
recognized medical institutions or qualifications shall be included in the First
Schedule by the Federal Government through Minister-in-charge by notification
in the official Gazette.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 31

(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 sub-section (1) it shall
apply to the Federal Government through Minister-in-charge for the same.

(3) The Federal Government through Minister-in-charge shall transmit

the application to the Council after being satisfied that application is complete
and is in accordance with the prescribed procedure. The Council shall form
recommendations for the Federal Government through Minister-in-charge after
assessing the institution and the qualification as per prescribed procedure. Upon
receiving recommendations from the Council, the Federal Government through
Minister-in-charge shall grant recognition as provided under sub-section (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.

22. Recognition of hospitals or institutions for house job or

internship or foundation year training.— (1) The Federal Government through
Minister-in-charge may grant recognition to any hospitals or institutions in
Pakistan which train for house job or internship or foundation year. All such
recognized hospitals or institutions shall be included in the Fourth Schedule by
the Federal Government through Minister-in-charge by notification in the official
Gazette.

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

of the hospital or institution which trains for house job, internship or foundation
year in pursuance of sub-section (1), it shall apply to the Federal Government
through Minister-in-charge for the same.

(3) The Federal Government through Minister-in-charge shall transmit

the application to the Council after being satisfied that application is complete
and is in accordance with the prescribed procedure. The Council shall form
recommendations for the Federal Government through Minister-in-charge after
assessing the hospital or institution as per prescribed procedure. Upon receiving
recommendations from the Council, the Federal Government through Minister-
in-charge shall grant recognition as provided under sub-section (1).

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

23. Arrangements for schemes with foreign countries.— At any

time, the Council may enter into negotiations with the appropriate authority in
32 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

any foreign country or organization, for the settling of a scheme for improvement
of medical or dental education in Pakistan or postgraduate degrees or any matter
or prospect related to the medical or dental profession.

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

of sufficient medical qualification.— (1) If after conducting national
registration examination by the board, 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 Federal Government through
Minister-in-charge 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
Schedule 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.

25. Additional medical or dental qualifications.— (1) The Federal

Government through Minister-in-charge 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 Second Schedule by the
Federal Government through Minister-in-charge by notification in the official
Gazette.

(2) If any post-graduate medical or 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 sub-section (1), it shall apply to the
Federal Government through Minister-in-charge for the same. If an institution
wishes to only train for a recognized postgraduate qualifications in any speciality,
it shall apply to the qualification awarding body and after consultation and
approval of the Council, the institution shall be added in the Second Schedule.

(3) The Federal Government through Minister-in-charge shall transmit

the application to the Council after being satisfied that application is complete
and is in accordance with the prescribed procedure. The Council in consultation
with the board shall form recommendations for the Federal Government through
Minister-incharge after assessing the institution and the qualification as per
prescribed procedure. Upon receiving recommendations from the Council, the
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 33

Federal Government through Minister-in-charge shall grant recognition as

provided under sub-section (1).

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

26. Recognition of foreign additional medical or dental

qualification.— The Council shall evaluate any additional medical or dental
qualifications granted by any foreign institution and may—

(a) recommend to the Federal Government through Minister-in-charge

that such institution or qualification be—

(i) recognized and included in the Second Schedule as specified

in section 25; or

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

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

(b) proceed as per section 24 or 30, as the case may be.

27. Recognition of continuous professional development

opportunity providers.— (1) The Federal Government through
Minister-in-charge may grant recognition to any organization in Pakistan, which
provides opportunities of continuous professional development to the registered
medical and dental practitioners. All such recognized organizations shall be
included in the Fifth Schedule by the Federal Government through Minister-in-
charge by notification in the official Gazette.

(2) If any organization in Pakistan, which provides opportunities of

continuous professional development to the registered medical and dental
practitioners, intends to get recognition of the organization in pursuance of sub-
section (1) it shall apply to the Federal Government through Minister-in-charge
for the same.

(3) The Federal Government through Minister-in-charge shall transmit

the application to the Council after being satisfied that application is complete
and is in accordance with the prescribed procedure. The Council shall form
recommendations for the Federal Government through Minister-in-charge after
34 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

assessing the institution and the qualification as per prescribed procedure. Upon
receiving recommendations from the Council, the Federal Government through
Minister-in-charge shall grant recognition as provided under sub-section (1),
declaring that it shall be a recognized organization in Pakistan, which provides
opportunities of continuous professional development to the registered medical
and dental practitioners only when granted after the date of notification.

(4) A separate list of continuous professional development

opportunities providing organizations shall be maintained by the Council.

28. Role of specialists boards.— (1) The Federal Government through

Minister-in-charge 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. All recognized
specialists boards shall be included in the Sixth Schedule by the Federal
Government through Minister-in-charge by notification in the official Gazette.

(2) The Council shall authorize a specialists board constituted as per

prescribed procedures and shall form recommendations for the Federal
Government through Minister-in-charge. Upon receiving recommendations from
the Council, the Federal Government through Minister-in-charge shall grant
recognition as provided under sub-section (1), declaring that it shall be a
recognized specialists board only when granted after the date of notification.

29. Recognition of medical and dental institutions and

qualifications.— (1) The Federal Government through Minister-in-charge may
grant recognition to any medical and dental institutions in Pakistan which train or
grant or both train and grant medical and dental qualifications and the
qualifications granted by them. All such recognized medical and dental
institutions or qualifications shall be included in the Third Schedule by the
Federal Government through Minister-in-charge by notification in the official
Gazette.

(2) If any medical and dental institution in Pakistan intends to get

recognition of the institution which trains or grants or both trains and grants
medical and dental qualifications or qualification granted by it in pursuance of
sub-section (1) it shall apply to the Federal Government through Minister-in-
charge for the same.

(3) The Federal Government through Minister-in-charge shall transmit

the application to the Council after being satisfied that application is complete
and is in accordance with the prescribed procedure. The Council shall form
recommendations for the Federal Government through Minister-in-charge after
assessing the institution and the qualification as per prescribed procedure. Upon
receiving recommendations from the Council, the Federal Government through
Minister-in-charge shall grant recognition as provided under sub-section (1).
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 35

(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 medical and dental qualification granted by it, declaring that it
shall be a recognized medical and dental institution and medical and dental
qualification only when granted after the date of notification.

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

of sufficient dental qualifications.— (1) If after conducting NRE by the board,
the Council is satisfied that a person holding a qualification granted by a dental
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
Federal Government through Minister-in-charge 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 Schedule of this Act.

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

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

31. Power to acquire information as to courses of study and

examination.— Every medical or dental institution or hospital or organization in
Pakistan recognized under this Act, which trains for or grants or both trains for
and grants a medical or a dental qualification, additional medical or dental
qualification, trains for house job or internship or foundation year or is a
continuous professional development opportunity provider shall furnish such
information as the Council may, from time to time, require about the facilities
and faculty available in the institution, courses of study and processes of
admission of the institution concerned, examinations required to be undergone
prior to such qualifications being conferred and generally as to the requisites for
obtaining such qualifications.

32. Inspection.— (1) The executive committee constituted by the

Council shall approve a list of inspectors in the country and the President shall
commission such number of medical or dental inspectors from the approved list,
as he may deem appropriate, to inspect 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 Act 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 about the facilities for training in the institution and shall not interfere with
conduct of any examinations and shall report to the executive committee on the
standard of the inspected examination which they attend and on the courses of
study and facilities for teaching provided by the medical or dental institution
36 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

inspected for different stages leading up to examinations and on any other

matters in regard to which the President or committee may require them to report.

(3) The executive committee shall forward a copy of any such report to
the medical or dental institution concerned and shall also forward a copy, with
the remarks of such medical or dental institution thereon, to the Council.

33. Withdrawal of recognition.— (1) If a recognized institution is

violating provisions of this Act and rules 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 of foundation
year or in a continuous professional development opportunity providing
organization 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 intend 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 through Minister-in-charge
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 case may be.

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

through Minister-in-charge may, by notification in the official Gazette, direct that
an entry shall be made in the First, Second, Third, Fourth or Fifth Schedule, as
the case may be, against the said medical or dental or a postgraduate institution
and qualification granted 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.

34. 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 dental 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
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 37

institution nor any such institution shall award any degree unless recognition has
been granted to such college or institution under this Act.

35. 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 sections 21, 22, 25, 26 or 29
or in respect of which recognition has been withdrawn under section 33, 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 twenty million rupees, but shall not be less than ten 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), as amended from time to time, 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) as amended from time to
time, or under the Co-operative Societies Act, 1912 (II of 1912), as amended
from time to time.

(3) 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 along
with the Government agency, local authority or local council and shall be liable
to be proceeded against and punished accordingly.

36. 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
38 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

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 Fourth 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 fulfilment 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 licence to practice medicine in Pakistan.

37. 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 Fourth 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 licence to practice dentistry in Pakistan.

38. Registers to be public documents.— The register maintained

under section 36 or section 37 shall be deemed to be public document within the
meaning of the Qanun-e-Shahadat, 1984 (P.O. 10 of 1984).

39. 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.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 39

40. 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.

41. Cognizance of offences.—(1) No court except the Medical

Tribunal established under the Medical Tribunal Act, 2020 (XXXIV of 2020)
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 the Medical Tribunal
established under the Medical Tribunal Act, 2020 (XXXIV of 2020) to pass any
sentence authorized by this Act even if such sentence exceeds his powers under
section 32 of the said Code.

42. 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) valid full registration holder 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; and

(e) to hold a commission as a medical or dental officer in the armed

forces.
40 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

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

law for the time being in force, no medical certificate or prescription 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 practitioner, or
registered dental practitioner, having valid registration.

43. Responsibilities of registered medical or dental practitioner.-

(1) Every registered medical or dental practitioner shall notify any transfer of the
place of his residence or practice to the registrar within sixty days of such
transfer, failing which his name is liable to be struck off the register by order of
the Federal Government through Minister-in-charge either permanently or for
such period as may be specified therein.

(2) 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.

(3) Every registered medical practitioner or dental practitioner shall

comply with the code of medical ethics prescribed by the Council.

44. 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 in a patient-doctor scenario in
clinical setting or who has shown himself to be unfit to continue in practice or on
account of mental ill health or other grounds as prescribed in the code of ethics of
practice regulations and the complaint and matter shall finish if the complainant
withdraws his complaint.

(2) The Council may also direct that any name removed from the
register under sub-section (1) shall be restored.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 41

(3) For the purpose of an inquiry under sub-section (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 commissions 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.

45. Officers etc. deemed to be public servants.—The members,

offices, employees and other staff of the Council shall deem to be public servants
within the meanings of section 21 of the Pakistan Penal Code (Act XLV of
1860).

46. Indemnity.—No suit, prosecution or other proceedings shall lie

against the Federal Government through Minister-in-charge, the division
concerned, the Council, the board or any committee of the Council, President, or
any member, officer or employee of the Council in respect of anything done or
intended to be done in good faith under this Act.

47. Power to make rules and regulations.—(1) The Council may,

with the prior approval of the Federal Government through Minister-in-charge,
make statutory rules and regulations generally to carry out the purposes of this
Act and, without prejudice to the generality of this power, such rules and
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 there at;

(c) the powers and duties of the President;

(d) the mode of 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;
42 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

(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 sub-offices or branches for this purpose;

(h) the procedure for any inquiry under sub-section (1) of section 44;
and

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

(2) Notwithstanding anything contained in sub-section (1), the Council

shall make statutory regulations which may provide for-

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

obtaining graduate and post-graduate medical and dental
qualifications to be included or included respectively in the First
and Third 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 and experience required of

teachers for appointment in medical and dental institutions;

(e) prescribing the standards of examinations, methods of conducting

the examinations and other requirements to be satisfied for securing
recognition of medical and dental qualifications under this 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;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 43

(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
section 9 which shall be Gazette notified;

(j) election of members of the Council; and

(k) prescribing a uniform minimum standard for continuous

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

48. 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
through Minister-in-charge as it may require.

(2) The Federal Government through Minister-in-charge may publish,

in such manner as it may think fit, any report, copy, abstract or other information
furnished to it under this section or under section 21.

49. Commission of inquiry.—(1) Whenever it is made to appear to the

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

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

and to report to the Federal Government through Minister-in-charge 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 been established,
44 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 [PART I

the commission shall recommend the remedies, if any, which are in its opinion
necessary.

(3) The Federal Government through Minister-in-charge shall the

report of the commission of inquiry to the Council for implementation and for
remedial actions. The Council shall submit to the Federal Government through
Minister-in-charge 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 through Minister-in-charge in this regard within three
months. All remedial actions shall be taken by the Council within a stipulated
period of six months and the Council shall submit to the Federal Government
through Minister-in-charge a report of actions taken thereon. If the Council fails
to comply with the remedial measures forwarded to it by the Federal Government
through Minister-in-charge, the Federal Government through Minister-in-charge
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 commission.

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

enforce the attendance of witnesses and the productions 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).

50. Over-ridding 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.

51. Repeals and Savings.—(1) Subject to section 6 of the General

Clauses Act, 1897 (X of 1897), the Pakistan Medical Commission Act, 2020
(XXXIII of 2020) hereinafter referred to as the repealed Act, shall stand repealed.

(2) Notwithstanding the repeal of the repealed Act or anything contrary

contained herein, all decisions taken, regulations made or amended and
disciplinary actions taken by the Commission of the dissolved Pakistan Medical
Commission pursuant to the repealed Act and by the Pakistan Medical
Commission pursuant the shall be deemed to have been validity made:

Provided that all regulations made and promulgated pursuant to the

repealed Act, stand repealed and shall not be enforceable:
PART I] THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 16, 2023 45

Provided further that the Council shall have the exclusive power to
review and modify saved decision taken, regulation made or amended and
disciplinary action taken.

(3) The dissolved Pakistan Medical Commission as formed pursuant to

the repealed Act stands dissolved upon the commencement of this Act.

(4) All assets, rights moveable and immovable 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 the assets, rights, properties, records, cash, bank accounts, deposits etc., of
the Council.

(5) 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, 1962.

(6) 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 dissolved Pakistan Medical and Dental Council 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.

(7) All assets, liabilities, payables and receivable of the dissolved

Commission under the repealed Act shall be deemed to be the assets, liabilities,
payables and receivables of the Council.

(8) All registration, recognitions etc., granted by the dissolved Pakistan

Medical Commission under the repealed Act shall be deemed to be registrations,
recognitions granted by the Council subject to not being in conflict with this Act
and the provisions of this Act or the same being within the power of the Council
to recognize and register pursuant to this Act.

52. Transitory provision.—Upon the commencement this Act, the

Council shall be constituted within sixty days, however, during the transitory
period of sixty days, Minister-in-charge of the Division concerned shall exercise
the powers of the Council, subject to the condition that all his decisions shall be
ratified by the Council constituted after transitory period.
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TAHIR HUSSAIN
Secretary.

PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRESS, ISLAMABAD.

PUBLISHED BY THE DEPUTY CONTROLLER, STATIONERY AND FORMS, UNIVERSITY ROAD, KARACHI.