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ORDINANCE NO. XI OF 2015

PAKISTAN MEDICAL AND DENTAL COUNCIL (AMENDMENT) ORDINANCE, 2015

An Ordinance further to amend the Pakistan Medical and Dental Council Ordinance, 1962

[Gazette of Pakistan, Extraordinary, Part-I, 28th August, 2015]

No. F. 2(1)/2015-Pub.–The following Ordinance promulgated by the President is hereby published for general information:–

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

AND WHEREAS, the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan the President is pleased to make and promulgate the following Ordinance, namely:–

1.       Short title and commencement.–(1) This Ordinance may be called the Pakistan Medical and Dental Council (Amendment) Ordinance, 2015.

(2)  It shall come into force at once.

2.       Substitution of Section 3, Ordinance XXXII of 1962.–In the Pakistan Medical and Dental Council Ordinance, 1962 (XXXII of 1962), hereinafter referred to as “the 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, constitute 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 shall be ex-officio member or the respective Health Departments may nominate the next senior officer of the Health Department of each Province, to represent it;

(c)     Director-General Health of the controlling Ministry as ex-officio member;

(d)     Surgeon General of the Armed Forces Medical Services as ex-officio member;

(e)     four members to be nominated by the Federal Government;

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

(g)     two members from the field of social service and philanthropy, with particular reference to patient welfare, to be nominated by the Federal Government having international standing and good repute with experience of at least fifteen years in the field;

(h)     one member each from every Province to be elected from amongst themselves by the faculties of all public sector Pakistan Universities including their constituent and affiliated colleges;

(i)      one member each from every province to be elected from amongst themselves by the faculties of all private sector Pakistan Universities including their constituent and affiliated colleges;

(j)      one member from each Province, Federally Administered Tribal Areas (FATA) and Islamabad Capital Territory, to be elected amongst themselves by the registered medical practitioners; and

(k)     one member from each Province, Federally Administered Tribal Areas (FATA) and Islamabad Capital Territory, to be elected amongst themselves by the registered dental practitioners.

(2)     The Federal Government, after notification of the members of Council, shall call the first meeting for the purpose of electing the Executive Committee, President and Vice-president. No member shall assume office as member of the Council till he signs a declaration of no conflict of interest. At least two third of the total membership of the Council should be in attendance in this meeting.

(3)     All office holders and executive committee members elected by the Council shall be notified by the Federal Government in the official Gazette.

(4)     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 after the Council has been constituted by a notification in the official Gazette by the Federal Government.

(5)     The President shall be the head of the Council and shall be the competent authority for all employees of the Council and the aggrieved employees may file a representation against the decision of the President, to the Secretary of the controlling Ministry of the Council.”.

3.  Substitution of Section 4, Ordinance XXXII of 1962.–In the Ordinance, for Section 4, the following shall be substituted, namely:–

“4.  Mode of election.–(1) All the elections under the Ordinance shall be conducted by the Election Committee, to be constituted by the Federal Government, having three members including the nominee of the Chief Justice of Pakistan who shall also be the Chairman of the Election Committee. All the elections under the Ordinance shall be held and conducted in the manner as may be prescribed, from time to time.

(2) All disputes relating to any elections under the Ordinance shall be initially decided by the majority decision of the Election Committee. Any person, if aggrieved by the order so passed, shall submit his complaint before the Federal Government which shall decide the complaint within ten working days and this decision shall be final.”

4.  Substitution of Section 5, Ordinance XXXII of 1962.–In the 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), (f) and (g) 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 election under clauses (h) and (i) of sub-section (1) of Section 3 unless he is actively teaching as assistant, associate or full professor.

(3)     No person shall be eligible for election under clauses (j) and (k) of sub-section (1) of Section 3 unless he has had at least ten years of standing in the medical or dental practice, as the case may be, after the completion of house job.

(4)     No person shall be eligible to be member under more than one clause of sub-section (1) of Section 3, during the tenure of the Council.

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