5. Prohibition of performing surgical operations by unqualified persons. ­No person other than a registered medical practitioner shall perform any surgical operation other than circumcision, incision of boils and administration of injections.

6. Prohibition for prescribing certain drugs. No person other than a registered medical practitioner or a person authorized in this behalf by the1[Provincial Government] shall prescribe any antibiotic or dangerous drug specified in the rules made under this Ordinance.

7. Restriction on the sale of patent and proprietary medicines. No person shall sell in the market any patent or proprietary medicine of the unani, ayurvedic, homoeopathic or biochemic system of medicine, unless there is displayed, in a conspicuous and readily intelligible manner, on the label or container thereof and also on the outer cover of the container (other than ordinary wraper), the true formula of the medicine contained in it.

8. Rule-making powers of the Provincial Government. The 2[Provincial Government] may make rules 3for carrying out the purposes of this Ordinance.

9. Penalty. Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with impri­sonment which may extend to one year or with fine not exceeding two thousand rupees, or with both.

10. Jurisdiction.-(1) No prosecution shall be instituted under this Ordinance except by an Inspector appointed under the 4[Drugs Act, 1976 (XXXI of 1976)] or by a person specially empowered by the 2[Provincial Government] in this behalf.

(2) No court inferior to that of a magistrate of the first class shall try an offence punishable under this Ordinance and notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for such magistrate to pass any sentence of fine to the extent provided for by this Ordinance in excess of his powers under the said section 32.

11. Protection. No suit or proceeding shall lie against any Inspector or person acting in good faith under section 10 of this Ordinance.

1 Subs. by A.O., 1964, Art. 2 and Sch., for “Government”.

2Subs. ibid., for “Central Government”.

3For such Rules, see West Pakistan Gazette, 1966, Ext., pp. 401-404.

4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Drugs Act, 1940”.


 

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