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ACT NO. XIX OF 2012

MEDICAL AND DENTAL COUNCIL (AMENDMENT) ACT, 2012

An Act fun her to amend the Medical and Dental Council Ordinance, 1962

[Gazette of Pakistan, Extraordinary, Part-I, 13th August, 2012]

No. F. 23(38)/2009-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 10th August, 2012 and is hereby published for general information;—

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

It is hereby enacted as under:-

1.  Short title and commencement.—(1) This Act may be called the Medical and Dental Council (Amendment) Act, 2012.

(2)  It shall come into force at once.

2.       Amendment of Section 1, Ordinance XXXII of 1962.—In the Medical and Dental Council Ordinance, 1962 (XXXII of 1962), hereinafter, referred to as the said Ordinance, in Section 1, in sub-section (1), after the word "the", the word "Pakistan" shall be inserted.

3.       Substitution of Section 2, Ordinance XXXII of 1962.—In the said Ordinance, for Section 2, the following shall be substituted, namely:-

"2.     Definitions.—In this Ordinance, 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 Ordinance;

(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 Ordinance and includes Executive Committee constituted under Section 10;

(e)     "continuous professional development opportunity provider" means an organization providing continuous professional development opportunities and included in the Seventh Schedule;

(f)      "dental institution" means any institution, recognized under this Ordinance, within or outside Pakistan, which trains for, or grants, or both trains for and grants, degrees or diplomas in dentistry;

(g)     "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 Section 23;

(h)     "medical institution" means any institution recognized under this Ordinance, within or outside Pakistan, which trains for, or grants, or both trains for and grants, degrees or diplomas in medicine;

(i)      "medicine" means modern scientific medicine and includes surgery and other disciplines, but does not includes veterinary medicine and surgery;

(j)      "Pakistan university" means any university established under a Pakistan law and having a constituent medical or dental college or both;

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

(l)      "prescribed" means prescribed by regulations;

(m)    "recognized medical qualification" means any basic medical qualification included in the First Schedule;

(n)     "recognized dental qualification" means any basic dental qualification included in the Fifth Schedule;

(o)     "recognized additional medical or dental qualification" means any additional medical or dental qualification included in the Third Schedule;

(p)     "Register" means the Register of medical practitioners maintained under Section 23 or the Register of dental practitioners maintained under Section 26;

(q)     "registered medical practitioner" means a medical practitioner whose name is included in the Register maintained under Section 23;

(r)      "registered dental practitioner" means a dental practitioner whose name is included in the Register maintained under Section 26;

(s)      "regulations" mean regulations made under Section 33;

(t)      "registerable qualifications" mean medical or dental qualifications recognized under Sections 11,15, 16, 18 and 19; and

(u)     "specialists boards" mean recognized specialist boards included in the Eighth Schedule.".

4.  Substitution of Section 3, Ordinance XXXII of 1962.—In the said Ordinance, for Section 3 the following shall be substituted, namely;—

"3.     Constitution and composition of the Council.—(1) The Federal Government shall, by notification in the official Gazette, cause to be constituted 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;

(b)     Secretary, Health Department of each Province;

(c)     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 denial faculty of all its constituent as well as affiliated colleges from each Province, Gilgit-Baltistan, Federally Administered Tribal Areas (FATA) and Islamabad Capital Territory;

(d)     one member each to be elected by the members of the Syndicate 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, FATA and Islamabad Capital Territory;

(e)     one member from each Province, Gilgit-Baltistan, FATA and Islamabad Capital Territory to be elected amongst themselves by the registered medical practitioners;

(f)      four members to be nominated by the Federal Government of whom one shall be Surgeon General of the Armed Forces Medical Services;

(g)     one member to be elected from amongst themselves by the registered dentists from each Province, Gilgit-Baltistan, FATA and Islamabad CapitalTerritory;

(h)     one member to be elected from amongst the Professors of the teaching staff of the public sector medical colleges from each Province, Gilgit-Baltistan, FATA and Islamabad Capital Territory;

(i)      one member to be elected from amongst the Professors of the teaching staff of private sector Medical Colleges from each Province, Gilgit-Baltistan, FATA and Islamabad Capital Territory;

(j)      one member to be elected from amongst the Professors of the teaching staff of public sector dental colleges from each Province, Gilgit-Baltistan, FATA and Islamabad Capital Territory;

(k)     one member to be elected from amongst the Professors of the teaching staff of private sector dental colleges from each Province, Gilgit-Baltistan, FATA and Islamabad Capital Territory;

(l)      one member to be elected by the Council of the College of Physicians and Surgeons;

(m)    one member, belonging to the legal profession, to be nominated by the Chief Justice of Pakistan;

(n)     senior most officer looking after health matters at the Federal level or an authority looking after the affairs of Council at Federal level designated or notified by the Federal Government, as the case may be; and

(o)     immediate ex-President of the Council who shall be a member of the Council for one non-renewable term of three years provided that he or she will not hold office.

(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 merely of existence of any vacancy in 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.",

5.  Substitution of Section 4, Ordinance XXXII of 1962.—In the said Ordinance, for Section 4 the following shall be substituted, namely:-

"4.     Mode of election.—(1) An election under clauses (c), (d), (e), (g), (h), (i), (j), (k) and (1) of sub-section (1) of Section 3 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 Federal Government whose decision thereon shall be final".

6.       Substitution of Section 5, Ordinance XXXII of 1962.–In the said Ordinance, for Section 5 the following shall be substituted, namely:-

"5.     Restrictions on nominations and elections.—(1) No person shall be eligible for nomination or election, except under clauses (b) and (m) 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 or election under clauses (e) and (g) of sub-section (l) of Section 3 unless he resides in the Province concerned.

(3)     No person shall be eligible for election under clauses (h), (i), (j), (k) and (1) of sub-section (1) of Section 3 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 clauses (c) and (d) of sub-section (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.

(5)     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".

7.       Amendment of Section 6, Ordinance XXXII of 1962.—In the said Ordinance, in Section 6, after the full slop, at the end, the following shall be added, namely:-

"The Council shall be a regulatory body for regulating medical and dental profession, medical and dental education and institutions,".

8.  Substitution of Section 7, Ordinance XXXII of 1962.—In the said Ordinance, for Section 7 the following shall be substituted, namely:-

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)     Subject to the provisions of sub-Sections (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.

(3)     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 Federal Government shall hold office only during pleasure of the Federal Government. If a nominated member is being considered for cancellation of membership while his term remains, he shall be given a notice to show-cause and an opportunity of personal hearing by the Federal Government before a final order is passed. The Federal Government's nominees shall not be eligible for the post of President.

(4)     The case of a member of the Council, other than the member nominated under clauses (a), (b) and (o) of sub-section (1) of Section 3, shall be forwarded to the Federal Government 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 under Section 31; or

(c)     he becomes insane or is declared an insolvent by a competent Court; of–

(d)     he is convicted for a criminal offense which implies moral turpitude, including unprofessional and infamous conduct as provided under Section 31.

(5)     Other than the member nominated under clauses (a), (b), (m) and (o) of sub-section (1) of Section 3, the Council may, only by a majority decision, suspend the membership of a member if he falls under sub section (4) till a decision by the Federal Government about maintenance of his membership or otherwise.

(6)     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.

(7)     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.

(8)     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.".

9.       Amendment of Section 8, Ordinance XXXII of 1962.—In the said Ordinance, in Section 8,—

(a)     in sub-section (1), for the words "appointed by the Council" the words "decided by the President" shall be substituted; and

(b)     in sub-section (2), for the word "nine” the words "one-third" shall be substituted.

10.     Amendment of Section 9, Ordinance XXXII of 1962.—In the said Ordinance, in Section 9, in sub-section (1), for clauses (c), (d), (e), and (f) the following shall be substituted, namely:-

"(c)    appoint a Registrar, a Secretary and a Treasurer to carry out the purposes of this Ordinance;

(d)     appoint, employ or nominate such other advisers to the President, officers, officials and servants on regular basis or contract as the Council deems necessary to carry out the purposes of this Ordinance;

(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

(f)      fix the remuneration and allowances to be paid to the President, Vice-President, members, officers and servants of the Council employed under this section.".

11.     Substitution of Section 10, Ordinance XXXII of 1962.—In the said Ordinance, for Section 10 the following shall be substituted, namely:-

"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 co-opt a maximum of two additional members to the Committee.

(2)     The President: Vice-president of the Council shall be ex-officio 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 Ordinance, 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.".

12.  Substitution or Section 11, Ordinance XXXII of 1962.—In the said Ordinance, for Section 11 the following shall be substituted, namely:-

"11.   Recognition of medical institutions and qualifications.—(1) The Federal Government may grant recognition to any medical institution inPakistan 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 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 sub-section (1) it shall apply to the Federal Government for the same.

(3)     The Federal Government 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 after assessing the institution and the qualification as per prescribed procedure. Upon receiving recommendations from the Council, the Federal Government 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.".

13.     Insertion of new Section 11A, Ordinance XXXII of 1962.—In the said Ordinance, after Section 11, substituted as aforesaid, the following new section shall be inserted, namely;—

"11A.          Recognition of hospitals or institutions for house job or internship or foundation year training.—(1) The Federal Government 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 Sixth Schedule by the Federal Government by notification in the official Gazette.

(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 sub-section (1), it shall apply to the Federal Government for the same.

(3)     The Federal Government 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 after assessing the institution as per prescribed procedure. Upon receiving recommendations from the Council, the Federal Government 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 Sixth Schedule against such hospital or institution, declaring that it shall be a recognized hospital or institution only when granted after the date of notification.".

14.     Omission of Section 12, Ordinance XXXII of 1962.—In the said Ordinance, Section 12 shall be omitted.

15.  Substitution of Section 13, Ordinance XXXII of 1962.—In the said Ordinance, for Section 13 the following shall be substituted, namely:-

“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.".

16.  Omission of Section 14, Ordinance XXXII of 1962.—In the said Ordinance, Section 14 shall be omitted.

17.     Substitution of Section 15, Ordinance XXXII of 1962.—In the said Ordinance, for Section 15 the following shall be substituted, namely:-

"15.   Power of the Council to certify certain persons to be possessed of sufficient medical 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 Ordinance, it may recommend to the Federal Government 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 Ordinance.

(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.".

18.     Substitution of Section 16, Ordinance XXXII of 1962.—In the said Ordinance, for Section 16 the following shall be substituted, namely:-

"16.   Additional medical or dental qualifications.—(1) The Federal Government 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 Federal Government by notification in the official Gazette.

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

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