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REGISTERED No. M - 302

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EXTRAORDINARY
PUBLISHED BY AUTHORITY

ISLAMABAD, MONDAY, OCTOBER 2I,2OI9

PART I

Acts, Ordinances, President's Orders and Regulations

COVERNMENT OF PAKISTAN

MINISTRY OF LAW AND JUSTICE

Islamabad, the 20th Octoben 2019

No. F. 2(1)/2019-Pub.-The following Ordinance Promulgated by the

President on l9th October, 2019 is hereby published for general information:-

OnorNeNcr No. XV or 2019

AN

ORDINANCE

to provide for the regulalion and control of the medical profession

and to establish a uniform minimum standard of basic and higher
medical education and lraining and recognition of qualifications
in nedicine and dentistrv.

WHEREAS is expedient to provide for the regulation and conffol ofthe

it
medical profession and to establish a uniform minimum standard ofbasic and higher
(44s)
Price : Rl 40.00
[ 1609(2019)/Ex. Gaz.]
446 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 2I, 2019 [Penr I
medical education and training, and recognition ofqualifications in medicine and
dentistry;

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

NOU THEREFoRE, in exercise of powers conferred by clause (l) of

Article 89 ofthe Constitution ofthe lslamic Republic ofpakistan, the president is
pleased to make and promulgate the following (irdinance:-

l. Short title, extent and commencemenL{l) This Ordinance shall

be called the Pakistan Medical Commission Ordinance, 2019.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.-In this Ordinance, unless there is anything repugnant

in the subject or context,-

(i) "Authority" means the National MedicalAuthori8 established under

this Ordinance;

(ii) "Board" means the National Medical and Dental Academic Board
constituted under this Ordinance;

(iii) "Chairman" means the Chairman of the Board elected under section
I l(3);

(iv) "Commission" means the Pakistan MedicalCommission established

under section 3;

(v) "Commission of Inquiry" means the Commission formed under

section 43;

(vi) "Council" means the Medical and Dental Council constituted under
this Ordinance;

(vii) "Disciplinary Committee,' means the Committee constituted under

this Ordinance;

(viii) "full licence" means a permanent licence to practice granted under

Penr Il THE GAZETTE OF PAKIS TAN, EXTRA., OCT. 21, 2OI9 447

this ordinance subject to continuing validity of the licence under this

Ordinance and applicable rules and regulations;

(ix) "higher Education commssion" means the Higher Education

commssion established under the Higer Education commssion
Ordinanace, 2002 (Llil of 2002);

(x) "medical and dental institution" means an entity which imparts

medical or dental education or training or provides healthcare ,"*i".,
including hospitals and diagnostic services but excluding private me.dical
or health clinics of a medical or dental practitioner;

(xD "medical and dental colleges admissions test 6.0r MDCAT,

means the medical and dental colleges admissions test;

(xii) '6member" means the member of the National Medical Authority as

appointed pursuant to this Ordinance;

(xiiD 6'Division'means the Division

to which business of this ordinance
stands allocated;

(xiv) "national equivalence board examination" or.,NEB" means the

national equivalence board examination;

(xv) "national licensing examination" or 66NLE" means national

licensing examination as defined in section 2l;

(*vD "President" means the President of the Council;

(xvii) t'provisional licence" rneans a licence granted

to enable training
and education prior to grant a full licence and subsequent to having
qualified the national licensing examination;

(xviiD 66regulations" mean regulations

made under this Ordinance;

(xix) "rules" mean rules made under this Ordinance;

(xx) "temporary licence" means a licence granted for a fixed period of

time for a specific purpose provided for under this Ordinancel

(xxi) "Tribunal" means the Medical Tribunal as constituted pursuant to

the Medical Tribunal Ordinanoe, 20l g ( _of 2019);
448 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Penr I

(xxii) *Vice-President' means the Vice-President of the Council;

3. Constitution of the Commission.- (l) Upon the commencement

of this Ordinance, the Federal Govemment shall establish in accordance with the
provisions of this Ordinance the Pakistan Medical Commission.

(2) The Commission shall be a body corporate by the name ofthe Pakistan
Medical Commission having perpetual succession and acommon seal, with power,
subject to the provision ofthis Ordinance, to hold and dispose of property, to enter
into contracts and shall in the said name sue and be sued.

(3) The headquarters ofthe Commission shall be at Islamabad and it may

establish its offices at any other place as it may deem neceessary.

(4) the Pakistan Medical Commission shall consist of.-

(a) The Medical and Dental Council;

(b) The National Medical and Dental Academic Board; and

(c) The National Medical Authority consisting of members as provided

for under section 16.

4. Composition ofthe Council.- (1) The Council shall comprise the

following members to be notified after approval by the Prime Minister of Pakistan in
the official Gazette, namely:-

(a) three members of civil society who shall be nominated by the

Prime Minister of Pakistan consisting of a nationally recognized
philanthropist or person of known repute, a legal professional and a
chartered accountant;

(b) three members being licensed medical practitioners \.vith at least twenry
years e4rrience ofoutstanding merit and not being the vice-chancellor,
dean, principai or administrator or owner or shareholders ofa medical
or dental university, college or hospital, nominated by the
Prime Minister;

(c) one member being a licensed dentist with at least twenty years
experience ofoutstanding merit and not being the vice-chancellor, dean,
principal, administrator or owner or shareholders ofa mediial ordental
university, college or hospital, nominated by the Prime Minister of
Pakistan;
 Penr il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 20tg 449

(d) one member beingthe Surgeon General of theArmed Forces Medical

Service or his nominee; and

(e) the President ofthe College ofPhysicians and Surgeons ofpakistan.

(2) Afterthe notification ofthe members ofthe Council, the Division shall
forthwith and not laterthan fifteen days ofthe issuance ofnotification, call the first
meeting ofthe newly constituted CounciI for the purposes ofelecting the president
and Vice-President ofthe Council. A minimum ofseven members ofthe Council,
shall constihrte a quorum for the purposes ofthe first meeting ofthe Council or any
other meeting wherein an election is to be undertaken.

(3)
The President shall be elected from amongst the members of the
Council appointed underclauses (b) and (c) ofsub-section (l ) and the Vice-president
shall be elected from amongst the members ofthe Council appointed under clause
(a) ofsub-section (l ).

(4)
No member shall enter upon office ofthe member ofthe Council until
he signs and submits a declaration ofno conflict ofinterest.

(5)The Council shall be deemed to be not properly constituted if its

membership falls below six membem.

(6) Subjectto sub-section (5), no act done by the Council shall be invalid on
the ground mefely ofexistence ofany vacancy in or any defect in the constitution of
the Council.

' 5. Mode of election.-( I ) An election under sub-section (3) of

section 4 shall be conducted by a nominee ofthe Division by secret ballot.

(2) No election to an office.of the Council shall be called in question

except by an election petition presented within ten days to the Medical Tribunal. The
Tribunal shall decide the etection petition wiihin thirty days ofthe filing ofthe same
and its decision thereon shall be final.

6. Restrictions on nominations and elections.il) No person, his

spouse or children shall be eligible to become a member ofthe Council
ifthey or any
one of them has any conflict of interest being an owner or having any direct or
indirect financial interest in a medicalordental institution.

7. Terms of olfice.{ I ) The President and Vice-President of the Council

shall hold office either for a term not exceeding three years or till completion oftheir
term as member of {rp council which ever is earlier.
450 THE CAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Penr I

(2) The term of a member nominated to the Council shall be three years
unless earlierwithdrawn by the Prirne Ministerfor reasons to be dislcosed. Amember
ofthe Council shall be eligible for re-appointment to the Council for a second term,
but shall not be eligible for a third term.

(3) Ifa member fails to attend $ree consecutive meetings ofthe Council
without any valid reason or remains out ofPakistan for a continuous period exceeding
one year, he shall cease to be tle mernber ofthe Council.

(4) Amember including the President and tlre Vice-president ofthe Council
shall be removed by the Division, if-

(a) the Council decides by a three-fourth majority that their membership

is not in the interest ofthe Council;or '
(b) their name has been removed from the register of practitioners as a
result ofinquiry under this Ordinance; or

(c) they become insane or are declared un-discharged insolvent by a

competent court; or

(d) they are convicted for a criminal offence involving moral turpitude,
including un-professional and unethical conduct as provided for under
this Ordinance; or

(e) their nomination is withdrawn in accordance with sub-section (2)

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

reasons provided under sub-section (4), they shall be deemed suspended until the
issuance ofa notification ofremoval by the Division under sub-section (4).

(6) Where the said term ofthree years is about to expire in respect ofany
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
untilthe expiry ofthe said term.

(7) An elected office-bearer or nom inated member may, at any time, resign
his membership by writing under his hand addressed to the Presidentand the seat of
such member shall be deemed to have fallen vacant from the date ofacceptance of
his resignation by the President.

(8) A vacancy in the Council shall be filled through the prescribed process
of nomination under Section 4 and the person nominated to fill1he vacancy shall hold
Penr Il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 451

office forthe remaining term of the vacancy. Any nomination required to fill a
vacancy shall be submitted within fifteen days of such vacancy having occurred.

8. Meeting of the Council.{l) The Council shall meet at least once

in three months at such time and place as may be decided by the President. A notice
of the meeting shall be issued at least fourteen days prior to the meeting with the
exception of an emergency meeting which may be called by a unanimous decision
of the President and Vice-President of the Council for reasons to be recorded in
writing on a minimum three days prior notice.

(2)
A minimum of six members ofthe Council shall form a quorum, except
ofthe Council shall be decided by a majority
an elective meeting, and all of the acts
of the members present and voting.

9. Powers and functions of the Council.{l)The Council shall have

the functions and powers of general supervision over the working of the Commission
and shall hold the President and Vice-President of the Council, National Medical
and DentalAcademic Board, theNational MedicalAuthority, 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 Ordinance are necessary forthe performance
of its functions.

(2)
Without prejudice to the generality of the foregoing powers and
notwithstanding anything contained in any other law forthe time being in force, the
Council shall have the following functions and powers, namely:-

(a) to appoint the members, officers and employees of the Commission

on such terms and conditions as the Council deems necessary to carry
out the purposes ofthis Ordinance and to provide for all matters relating
to welfare, terms and conditions of service of the members, officers
and employees of the Commission in accordance with regulations
framed by the Council and including the right, with the approval ofthe
Division to institute a compulsory golden handshake scheme for the
employees of the Commission or such other severance package, as it
may deem proper;

(b) approve the proposed annual plan of work including key performance
indicators, the annual and revised budgets, the annual report and the
annual statement of account;

(c) approve strategic plans and approve financial resource development

plans of the Commission;
452 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2OI9 [Penr I
(d) to approve accreditation standards, for under-graduate medical and
dental programs of study based in Pakistan;

(e) to approve curriculum and scope ofunder-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;

(0 to approve the examination structure and standards of the medical

and dental colleges admissions test, national licensing exam and the
national equivalence board examinations as proposed by the national
medical and dental academic board including the standards of
' revalidation of licences to practice medicine or dentistry in Pakistan;

(g) to grantrecognition to medical and denal 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 in Pakistan as specialists;

(h) to approve the assessment of international under-graduate medical

programs and institutions for registration oftheir 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;

0) to approve listing for any new medical and dental specialties;

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

negligence and misconduct in accordance with regulations prescribed
.bythe Council;

0) to advise the Federal Govemment and the Provincial Governments on

proposals for granting a charter to award post graduate degrees in the
field ofmedicine and dentistry, both in public and private sector;

(m) to advise the Federal Government and the Provincial Governments,

health-care commissions, regulatory bodies in the field of medicine
and dentistry and any other authority or local body on matters within
the powers of the Commission under this Ordinance and ancillary and
incidental thereto;
Prrr Il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 453

(n) to work with international health, accreditation and testing authorities

and agencies to bring about improvement in the furtherance ofthese
objectives;

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

memben of the Authority;

(p) to fix the salaries, remuneration and benefits of the officers and
employees of the Commission;

(q) constitute from amongst its members or outside experts such

commiftees as the Council deems necessary to carry out the purposes
and functions of the Commission;

(r) to levy fees for granq renewal or re-validation of licences, examinations,

registrations, inspections, permissionq proeesses and any and all other
ancilliary services as may be performed by the Commission in
accordance with regulations prescribed by the Council subject to being
in consonance with the purposes ofproviding the operational cost and
long term financial sustenance and strength of the Commission in
accordance with the financial and development plans approved by the
Council;

(s) to determine in addition to penalties already provided for under this

Ordinance the quantum of penalties in respect of any violation or
offence pursuant to the Ordinance or as may be provided for in
accordance with regualtions 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 do all such matters as are ancillary including issuance ofpolicies,

convenient for orwhich foster or promote tlte advancement of matters
that are the subject of these objectives;and

(u) to hear appeals against any order, act or decision ofthe Authority or
the National Medical and Dental Academic Board.

(3) The Council may, of its own motion or otherwise, call for and examitte
the record of any proceedings in which an order has been passed by any officer,
committee or authority of the Commission for the purpose of satisffing itself as to
the correctness, legality or propriety of any finding or order and may pass such
orders as it may deem fit:
4s4 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Penr l

Provided that no such order shall be passed unless the person to be affected
thercby is afforded an opportunity ofbeing heard.

10. Principal oflicers.{ I ) The following shall be the principal officers

of the Council, namely:-

(a) the President; and

(b) Vice-President.'

(2) The President shall be the head ofthe Council and chair its meetings.
In his absence, the Vice-President shall chair lhe Council meeting and perform the
functions ofthe President for tlrat meeting.

(3) The President, or the Vice-President in his absence or as and when

delegated by him, shall be the signing authorities on behalfofthe Council.

Il. Composition of National Medical and Dental Academic Board.-

(1) The Board shall comprise ofthe following members to be notified after approval
by the Prime Minister of Pakistan in the official Gazettg namely:-

(a) the Chairman Higher Education Commission or his nominee;

(b) a Vice-President or Counsellor of the College of physicians and

Surgeons of Pakistan;

(c) one vice-chancellor ordean ofa public medical university nominated

by each Provincial Govemment from amongst the universities located
in the respective province;

(d) ole vice-chancellor or dean ofthe medicat faculty ofa private university
or college nominated by each Provincial Govemment from amongst
the universities located in the respective province;

(e) vice-chancellor or dean ofa public medical university or the medical

faculty of a private university or college nominated by the Federal
Govemment from amongst the universities located in the Federat Capital
Territory;

(f) the principal of the Army Medical College;

(g) three members of the clinical faculty of a public or private medical

college with at least fifteen years experience as a licensed practitioner
Prnr Il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 455

or ten years ofexperience as faculty nominated by the Prime Minister

ofPakistan;

(h) two mernbers ofthe basic sciences faculty ofa public or private medical
college with at least fifteen years experience as a licensed practitioner
or ten years ofexperience as facu lty nominated by the Prime Minister
of Pakistary and

(i) two dentists with at least fifteen years experience as tlicenced

practitioner or ten years ofexperience as dental faculty at a public or
private dental college, nominated by the Prime Minister of Pakistan.

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

(3) The members ofthe Board at the first meeting shall elect from amongst
themselves a Chairman of the Board.

(4) No member shall enter upon oflice ofthe member ofthe Board until
he signs and submits a declaration ofno conflict ofinterest.

(5) No act done by the Board shall be invalid on the ground merely of
existence ofany vacancy in or any defect in the constitution ofthe Board.

12. Term of olfrce.{l ) The term of a member nominated to the Board

under clauses (c), (d), (e), (g), (h) and (i) of sub-section (1) of section I I shall be
three years unless earlier withdrawn by the nominating authority for reasons to be
dislcosed. A member ofthe Board nominated under clause (g), (h) or (i) of sub-
section (l) of section I I shall be eligibte for re-appointment to the Board for a
second term, but shall not be eligible for a third term.

(2) Ifa member nominted to the Board under clause (c), (d), (e), (g), (h)
or (i) ofsub-section (l) of section I I fails to attend three consecutive meetings of
the Board without any valid reason or reinains out of Pakistan for a continuous
period exceeding one year, he shall cease to be the member ofthe Council and the
nominating authority shall be required to nominate a nerv member in accordance
with section 1l .

(3) A member including the Chairman ofthe Board shall be removed by

the Division if-
(a) his name has been removed from the register of practitioners as a
result of inquiry underthis Ordinance; or
456 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Penr l
(b) he becomes insane or is declared un-discharged insolvent by a
competent court; or

(c) his is mnvicted ofa criminal offence involving moral turpitude, including
un-professional and un-ethical conduct under this Ordinance; or

(d) his nomination is withdrawn in accordance with sub-section (2).

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

reasons provided under sub-section (3) they shall be deemed suspended until the
issuance ofa notification ofrcmoval by the Division under sub-section (l ).

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

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

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

(7) A vacancy in the Board shall be filled through the prescribed process
of nomination under section 11, and the person nominated to fill the vacancy shall
hold ofiice for the remaining term ofthe vacancy. Any nomination required to fill a
vacancy shall be submitted within fifteen days ofsuch vacancy having occurred.

13. Meeting of the Board.{l) The Board shall meet at least once in
three months at the offices ofthe Commission on such date and at such time as may
be decided bythe Chairman. Anotice ofthe 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.

(3) A minimum of two-thirrds of the members of the Board shall form a

quorum and all ofthe acts ofthe Board shall be decided by a majority ofthe memb€rs
present and voting.

14. Powers and functions of the Board.{l) The Board shall have the
following functions and powers namely:-
Penrll THEGAZETTEOFPAKISTAN, EXTRA.,OCT. 21, 2019 457

(a) to formulate accreditation standards, for under-graduate medical and

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

(b) to formulate cuniculum and scope ofunder-gardaute medical and dental

programs ofstudy in Pakistan leading to general or specialist registration
ofthe graduates ofthose programs to practice medicine and dentistry
in Pakistan and reeommend to the Council for its approval;

(c) to formulate the examination structure and standards for the MDCAI
for approval ofthe Corrncil;

(d) to formulate the examination structure and standards of the NLE for
grant of provisional medical and dental practice licenses upon
completion of under-graduate training and to set up and authorize a
committee ofnot less than three persons to fonnulate the examination
papers ofNLE for approval ofthe Council;

(e) to formulate the examination structure and standards for the NEB
examinations ofdifferent levels and to setup and authorize a committee
ofnot less than three persons to formulate the NEB examination papers
for approval ofthe Council;

(f) to formulate and recommend to the Council for its approval the
standards, scope and structure ofthe licence re-validation standards
(LRS) and to formulate the necessary procedures for re-validation of
licences.

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

standard ofany foreign institution refered by the Council; and

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

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

15. Secretary of the Commission,{1) The Council shall appoint

through a transparent process on merit a Secretary ofthe Commission u4ro shall act
as the secretary to the Council and the Board.

(2) The Secretary shall be appointed for a term offour years. No person
shall be appointed as Secretary for more than two tenns.

(3) The Secretary shall maintain all records ofthe Council and the Board
including recording and issuing the minutes ofall meetings ofthe Council and the
 458 THE GAZETTE OF PAKISTAN, EXTRA., OCT, 21, 2OI9 [Penr I
Board in real time and as approved at the relevant meeting and shall under his
signatures issue all notifications and decisions ofthe Council and the Board as and
when necessary,

(4) The Secretary shall be the custodian of the common seal of the
Comission.

(5) The Secretary shall cause all minutes ofthe meetings ofthe Council
and the Board as approved, audited accounts ofthe Commission and all notifications
and decisions ofthe Council and the Board to be displayed on the website of the
Commission and communicated to theAuthority.

16. Composition of the National MedicalAuthority.{l) TheNational

Medical Authority shall consist ofthe following members namely:-

(a) Member Education and Evaluation;

(b) MemberExaminarions;

(c) Member Licensing;

(d) Member Infomration Technology;

(e) Member Finance;

(f) Member Legal; and

(g) MernberAdministration.

(2) The Council shall appoint the members through a transparent process
on merit for a term of four years. No Member shall be appointed for more than two
terms as a member-

(3) The Council shall from amongst the members Iisted in Clauses (a) to
(c), of sub-section( I ), appoint one member as the executive member who shall act
as the executive and administrative head ofthe Authori$/ to exercise such functions
in accordance with regulations as made by the Council.

(4) The Federal Coventmeut on the reconrmendations ofthe Council ntav

increase the numer of members.

(5)The Council shall detemrine the role and responsibiliries of each

member and may rnodify, add or amend as necessary.
Panr Il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2OI9 459

(6) AmemberoftheAuthority shallnot have any direct or indirect financial

interest in, or have business connection with any person, establishmen! institution or
organization which owns or operates a medical or dental institution or renders any
service rvhich is regulated by the Commission.

Explanotion-For the purpose ofthis sub-section, any involvement ofthe

spouse or blood relation of any member of the Authority with any establishment,
institution or organization shall be considered as a direct financial interest or connection
of the member with such establishment, institution or organization.

(7) A member of the Authority may resign from his office by writing
under his hand addressed to the President of the Council, or may be rernoved from
his office if, on an inquiry by the Council, he is found unable to perform the functions
of his office because of mental or physical disability or on account of misconduc!
including comrption and dis-honesty or having been convicted of a criminal offence.

(8) All decisions of the Authority shall be taken by the concurrence of a

majority of the members.

(9) No act or proceeding of theAuthority shall be invalid by reason only

of the existence of a vacancy in, or a defect in the constitution of, the Authority.

17. Functions and powers of theAuthority.-{1) Subjectto the approval

ofthe Council, theAuthority shall have the following functions and powers namely:-

(a) to perform all functions and duties as prescribed in this Ordinance or

as prescribed or directed by the Council;

(b) to reccimmend the annual budget of the Commission to the Council for
approval;

(c) to cause for an annual audit to be conducted of the Commission and

presented to the Council for approval;

(d) to prepare and maintain the accounts of the Commission and ensure
the funds ofthe Commission are expended on the purposes as approved
by the Council;

(e) manage the assets, liabilities, receipts, expenditures, funds and

investments of the Comm ission;

(0 to conduct all examinations provided for under this Ordinance;

460 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Penr I

(g) to carry out assessments ofany institution ororganization in Pakistan

oroutside Pakistan for purposes ofrecognition oftraining or for grant
of regislration and issuance of licences to persons pursuant to
qualifications issued by such institutionororganization;

(h) to implement all decisions ofthe Council and the Board;

(D to maintain a register of registered and licensed medical and dental

practitioners in the prescriH manner and make the information publicly
available;

O ofall institutions in Pakistan and outside Pakistan

to maintain a register
recognized by the Council for purposes of training or grant of post
graduate qualifcations; and

(k) maintain any other register or record for public consumption as may
be directed by the Council.

(2) TheAuthority shall exercise all powers as shall enable it to effectively

perform its functions.

18. Committees of the Council.-The Council and the Board shall have
the power to constitute necessary committees for undertaking the functions ofthe
Council or to advise and assist the Council and the Board in exercise of its powers.

19. Medical and dental colleges admissions tests (MDCAT).-{ I )

The Authority shall conduct annually on a date approved by the Council and as per
standards approved by the Board a single admissions testwhich shall be a mandatory
requirement for all students seeking admission to medical or dehtal under-graduate
programs anywhere in Pakistan.

(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 such requirement shall be mandatory for all students who
have been enrolled in medical or dental under-graduate programs in 2019 and
thereafter.

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

colleges shall be regulated as per the policy ofthe Provincial Covemments strictlv
on merit and admission to a private college shall be in accordance with the criteria
and requiremehts stipulated by the private college at least one year in advance ol
admissions including any additional entrance test as may be conducted by a private
Pe.nr Il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 461

college subject to any conditions imposed by the relevant university to which such
college is affiliated:

Provided that for the purposes of admission it shall be the discretion ofthe
Provincial Govemments in Sespect of public colleges, and of each of the private
colleges, as per their declared policy to give weightdge to the marks obtained by a
student in the MDCAT conducted by the Authority.

20. Standards of medical and dental education.{l) 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 under-graduate medical and dental programs of study based in Pakistan as
formulated by the Board and approved by the Council.

(2)
All universities shall ensure that all affiliated or constituent colleges
conduct programs ofstudy for grant ofunder-graduate medical or dental degrees as
per the curriculum and scqpe of under-graduate medical education prescribed by
the Board and approved by the Council.

(3) All universities shall

ensure that all affiliated or constituent colleges
within thirty days ofcompleting their admissions each year provide to the Authority
particulars ofthe students enrolled and further provide any change in the status of
the student duringthe students period ofstudies including discontinuation ofstudies
or transfer to another college within fifteen days ofsuch change occuring.

(4) All universities shall within

ten days of students having successfully
completed the program of study and passed their final exams inform the Authority
verifuing the results to enable the student to be registered for taking the NLE.

(5)The standard and structure offaculty shall be regulated as prescribed

by either the Higher Education Commission or the university to which a college is
afifiliated or any other law applicable to a public teaching institution.

(6)
Any violation by a medical or dental college shall be actionable by the
accrediting university in accordance witl regulations as may be prescribed by the
Higher Education Commission.

(7) dental colleges shall, at least three months prior to

All medical and
initiating the annual admissions process, publicy declare the fixed tution and all
ancilliary fee structure on an annual basis for the entire program of study in which
the students are seeking enrollment and which fee structure shall not be enhanced
during the students period ofenrollment at the college. No medical or dental college
 462 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Panr I

shall seek, demand or receive from a student or a students family, directly or indirectly,
any donation or other paynent prior to or at the time of admission or thereafter
during the period of the students continuing enrollment at the college whether as
consideration for grant of admission or otherwise

21. National licensing examination (NLE).{l) TheAuthorty shall at

least twice a yeff as per schedule approved by the Council conduct the NLE.
Passing the NLE shall be mandatory for obtaining a provisional and full license:

'. , ' Provided there shall be no limit on the number of times a person may attempt
theNLE:

Provided further that Pakistan Armed Forces cadets who upon successful
cornpletion oftheir under-graduate degree program and pre-requisite military training
are commissioned in the Pakistan Armed Forces shall be granted an Armed Forces
provisional licence and shall qualify their NLE during service as regulated by the
girvice head quarters prior to grant of full licence.

(2') A person, having obtained an under-graduate medical or dental

qualification issued by a university in Pakistan or an under-graduate medical or
dental qualification issued by a foreign institution recognized by the Commission,
shall be granted a provisional licence to undertake his housejob within fourteen days
of having duly passed and qualified the NLE:

' Provided that the mandatory requirement of NLE shall be applicable for
students gradqting after March, 2020:

Provided that students graduating before March 2020.shall be exempted

from taking the NLE prior to'issuance of a provisional licence subject to they being
required totake the NLE for grant ofa full licence after completion of their one year
housejob.

(3) Any medical or dental practitioner who has obtained a licence to practice
in a country or qualified from a foreign institution not recognized by the Commission
and in addition does not hold a postgraduate qualification which is recognized by the
Council, shall be required to qualify the NLE for grant of a licence to practice in
Pakistan:

Provided a medical or dental practitioner who has obtained a licence to

practice in a foreign country or qualified from a foreign institution, not recognized by
the Commission, but has acquired-apos:tgraduate qualification in Pakistan orfrom a
foreign institution recognized by the Council shall not be required to qualiff the NLE
and shall be granted a full licence:'to practice on the basis of the recognized
Penr Il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 463

22. National equivalence board examinations.{l) TheAuthority shall

at least twice a year as per schedule approved by the Council conduct the NEB to
assess and oversee the assessment ofthe knowledge, clinical skills and professional
attributes ofstudents who have partially completed a medical and dental program in
a foreigrr institution and are seeking transfer to and admission in a medical or dental
college in Pakistan.

(2) Any student who has been enrolled in a medical or dental institution or
college outside Pakistan and has completed more than two years ofthe program
mai seek transfer and admission to a medical or dental college in Pakistan subject
to qualifuing the relevant standard of the NEB for the prescribed period ofeach
program ofstudy pursuantto 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 ofstudy outside Pakistan in order to be eligible foradmission
to a medical or dental college in Pakistan.

23. Recognition of post graduate, additional or alterative

qualilications.{ I ) The Council may subject to assessment and recommendation
by the Authority, approve and recognize a post $aduate, additional or alterative
qualification offered by an institution in Pakistan.

(2) The Council may where necessary seek professional advice or the
opinion ofthe relevant faculty ofthe College of Physicians and Surgeons, or ofa
university, to assess a recommendation for approval ofa post graduatg additional or
alterative qualifi cation.

24,
Recognition of medical institulions for grant of post graduate,
additional or alterative qualifications.{l ) The Council shall recognize
postgraduate medical and dental qualifications or diplomas given by the College of
Physicians and Surgeons of Pakistan:

Provided that no honorary qualification or diploma declared to be honorary

by the College ofPhysicians and Surgeons of Pakistan shall be recognized by the
Commission.

(2) The Council may subject to assessment and recommendation by the

Authority, grant recognition to a medical institution in Pakistan which trains or grants
or both trains and grants recogn ized post graduate, additional or alterative qualifications
for purposes ofpractice of medicine or dentistry.

(3) Any medicat institution ormedical university requesting recognition in

pursuance ofsub-section (2) may apply to the Cornmission in the prescribed manner.
 464 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Penr I
(4) Upon receipt ofapplication made in pursuance ofsub-section (3), the
Authority shall within a period of three months scrutinize the applicationand ifsatisfied
that the application is in conformitywith the prescribed procedure, shallrecommend
the same to the Council for its approval.

25. Recognition of foreign post graduate, additional or alterative

medical or dental qualifications.{ I ) The Council may subject to assessment
and recommendation by the Authority recognize any post graduate, additional or
alternative medical or dental qualifications granted by a foreign institution.

(2) The Council may where necessary seek the opinion of the relevant
faculty ofthe College ofPhysicians and Surgeons, orofa university, and in addition
there to the opinion ofthe foreign authority ofthe country where such foreign institution
is located to assess a recommendation for approval ofa post graduate, additional or
alterative qualifi cation.

(3) The Authority shall assess for purposes of recommendation any foreign
qualification either on the application ofa foreign institution or upon an application
by a person having acquired a previously unrecognized qualification. The Authority
shall conduct and complete its assessment within three months ofan application
being made.

26. Recognition of foreign institutions for under-graduate, post

graduate, additional or alternative qualifications.{ I ) The Council may subject
to assessment and recommendation by the Authority recognize any foreign institution
which grants an under-graduate medical or dental qualification or a recognized foreign
post graduate, additional or alterative qualification.

(2) The Authority shall assess for purposes of recommendation any foreign
institution either on the application ofsuch foreign institution or upon an application
by a person having acquired a recognized qualification fiom a previously un-recognized
foreign institution. TheAuthorip shall conduct and complete its assessment within
three months ofan application being made.

27. Recognition of continuous professional development

opportunity providers.-The Council on the recommendation of the Authoriry
may grant recognition to any organization in Pakistan or outside Pakistan, which
provides opportunities of continuous professional development to the registered
medical and dental practitioners.

28. House Job.{ I) Every person having obtained a provisional licence

under sub-section (2) of section 2l shall be required to undergo and successfully
complete a mandatory one year housejob, intemship or foundation year, by whatever
 Prnr Il THE GAZE{-[E OF PAKISTAN, EXTRA., OCT. 21, 2019 465

name called, at an institution recognized by the Commission or an equivalent ofa

housejob outside Pakistan as may be recognized by the Commission.

(2) Every medical or dental college in Pakistan shall be responsible to

provide a paid housejob, either at its own affiliated teaching hospital or any other
recognized teaching hospital, for each of its graduates who quali! the NLE and
acquire a provisional licence:

Provided that the medical ordental college, whetherpublic or private, shall

ensure that the stipend or salary paid is not less than the highest stipend or salary
paid by a public teaching hospital in the province to similarly placed graduates:

Provided further that in the event the housejob is provided ata non affiliated
teaching hospital, the medical or dental college shall be responsible to re-imburse
such non affiliated teaching hospital the amount paid as stipend or salary to their
graduate undertaking the house job.

(3) A housejob, internship or foundation yearshall consistoffull time and

structured training as specified by the Board and approved by the Council.

(4) The teaching hospital shall issue on the conclusion ofthe housejob a
certificate confirm ing that the prov isional I icence holder has satisfactori [y completed
the mandatory housejob modules for grant offull licence.

29. Recognition of hospitals or institutions for house job or

internship or foundation year training.---(l ) The Authority shall upon inspection
and assessment recommend to the Council for grant ofrecognition to any hospitals
or institutions in Pakistan which train for housejob or intemship or foundation year
as the case may be.

(2) Upon the grant ofapproval for recognition by the Council the hospital
or institution shall be entitled to train for housejob or intemshlp or foundation year
after the date ofnotification ofapproval.

(3) The Council shall recognize any foreign teaching hospital or institution
recognized by the regulatory authority of such country for purposes of imparting
housejob, internship, foundation year or clinical traning by whatever name called.

30. Licensing.{l) The Authority shall grant a full licence to practice

basic medicine or dentistry as a general practitioner to a person who subsequent to
qualifiying the NLE has completed his mandatory one year housejob or foundation
year or intemship satisfactorily or has successfully completed a housejob, intemship
orfoundation year equivalent to a housejob ata foreign teaching hospital or institution
recognized under sub-section (3) ofsection 29.
 466 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [Pnnr I
(2) A general practitioner may treat all ordinarily recognized common
medical or dental ailments and shall not practice in fields or specialties, as recognized
by the Commission for which formal training is required. He may also provide life
saving treatment until ordinarily recognized specialist services can be obtained ora
safe referal can be ensured. No practitioner shall represent himself as a specialist
or practice as a specialist. wthout having appropriate qualifications, recognized by
'the Commission and registered on their full licence.

(3) The Authority shall cause for the registration of a recognized post
graduate, alterative or additional qualification on the licence of amedioal or dental
practitioner where such qualification permits the medical or dental practitioner to
represent and practice such speciality in consonance to such qualification.

(4\ TheAuthority shall grantto a person licensed in a foreign country and

in training in a foreign institution, a temporary licence for a fixed period of time to
enable the person to take an elective training in a recognized institution in Pakistan
which has accepted the person for training.

(5) TheAuthority shall grantto a person duly licensed in a foreign country

atemporary licence for a fixed period oftime to enable the person to provide training
orteach in a recognized institution in Pakistan.

(6) The Authority shall cause for the registration and issuance of a licence
under sub-sections (l), (3) and (a) to be completed within fourteen days of the
applicant having submitted his application or reject the same for reasons to be stated.

(7) Every licensed practitioner shall be responsible to maintain his licence

as valid and in good order. A practitioner shall not be permitted. to practice in the
absence of a valid licence issued by the Authority.

(8) No med.ical or dental practitioner shall be permitted to represent in

Pakistan as having acquired or seek to practice a speciality unless the same is duly
registered.on his licence by the Authority.

(9) Every licensed medical or dental practitioner shall be required to

revalidate his licence every five years in the manner and on terms determined by
regualtions prescribed by the Council.

(10) Every licensed practitioner shall be bound by the code of ethics

promulgated by the Authority.

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

forthetime being in force, no medical certificate orprescription ormedical ordental
Penr Il THE GAZETTE OF PAKIS TAN, EXTRA., OCT. 21, 2OI9 467

advice shall be considered valid unless obtained from a medical ordental practitioner
having a valid provisional or full Licence.

(I 2) No person shall be entitled to recover any charge in any court of law

for any medical, dental or surgical advice or attendance or for the performance of
any operation or intervention or for any medicine prescribed or supplied unless he is
a registered medical or denal practitioner having valid registration with the Authority:

Provided that a person licensed under any other law to practice some other
form ofmedicine may prescribe medicine permissible under such law commensurate
with the scope of his qualifications and training.

(I 3) No registered
licensee shall use or publish in any manner whatsoever
any title, description or symbol indicating or intended to lead persons to infer that he
possesses any additional or other professional qualification unless the same has
been duly recognized and registered on his licence by the Commission.

3I .
Inspection.{ 1 ) The Authority shall appoint inspectors in accordance
with terms and qualifications prescribed by the Council to inspect facilities for training
available at the medical or dental institutions for grant of recognition to provide
house job, intemship or foundation year training or post-graduate training:

' Provided that an institution recognized for naining by the College of Physicians
and Surgeons of Pakistan shall be recognized by the Council for purposes of
post- graduate train in g.

(2)
Inspectors shall immediately upon completion ofthe inspection compile
a comprehensive report on the prescribed format on the standard of the inspected
facilities and on the courses of study and facilities for teaching provided by the
medical or dental institution inspected and shall submit it to the Authoriry.

(3)
The Authority shall forward a copy of such report to the medical or
dental institution concerned for any response prior to placing the report along-with
its recommendation before the Council.

- (4)
The Authority may conduct inspections of recognized facilities on a
periodical basis, with or without prioi notice to the institution provided that every
institution shall be re-inspected at least once in every five years.

32. Withdrawal of recognition.{1) Pursuant to an inspection, the

Authority may recommend and the Council may approve the rvithdrawal.on a
temporary or perrnanent basis the recognition granted to an institution fortraining or
grant of qualification.
 468 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 2I , 2019 [P.rm I
(2) The Council shall prior to approving the withdrawal ofa recognition
granted to the institution an opportunity ofbeing heard and responding to the report
and recommendations of the Authority:

Provided that for purposes of protecting the rights of existing trainees or

students the Council on the recommendation of the Authority may approve a scheme
to place the trainees or students at other institutions where reasonable availability
exists.

33. Disciplinary proceedings, suspension or cancellation of

licence.-(l) The council in compliance to directions of the Medicar rribunal or
upon a finding pursuant to a disciplinary hearing or upon an inquiry and hearing
conducted by the Authority or the Council itself, may temporarily suspend oi
permanently cancel the licence ofa practitioner for having violated any obligation
imposed upon the licensee or formedical or professional negligence or misconduct.

(2) The licence of a practitioner which has expired or who has not
successfully revalidated within the time prescribed shall be deemed to be suspended
until such time as it is re-validated in the prescribed manner.

(3) TheAuthority shall on the complaint ofany person or authority or of

its own motion on information received, initiate disciplinary proceedings against
any
full licence holder or any recognized institution in respect ofmedical negligenci,
misconduct or violation of any obligation under this Ordinance, or any rules or
regulations or directions ofthe commission other than offences provided for under
sub-sections (l), (2), (3), (a) and (5) ofsection 35:

Provided that a show cause notice shall be issued within fifteen days of
receipt ofthe complaintto tlre person stating the allegations and providing a plriod
of at least thirty days to respond and a right to be heard befoie the aisciptinary
committee.

(4) The Council shall form a disciplinary committee eonsisting ofthree

members ofthe councilofwhich one shall be the memberhaving legal qualifications
to hear all disciplinary matters. The member law shall act as iecretary.to the
disciplinary comminee.

(5) The Authority shall select at least one licensed practioner as an expert
with aminimum fifteen years standing in the speciality to which the complaint relates
to assist the disciplinary committee at the hearing. The written opinion ofthe expert
shall be appended with the decision ofthe disciplinary committee and shall form part
of the record-
Pam Il THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 469

(6)The disciplinarycommittee shall hear and decide each complaint within

ninety days ofthe issuance ofthe show cause notice. The disciplinary committee
shall impose penalties as prescribed by regulations made by the Council specirying
penalties commensurate with each category of offence.

(7)
For the purpose ofan inquiry or a disciplinary hearing the Council or
a committee ofthe Council shall exercise all the powers ofa civil court under the
Code of Civil Procedure, 1908 (Act V of 1908) for summoning the witnesses, for
compelling the production ofdocuments and for issuing tominissions.

34. Registers to be public documents.-(1) The record of all

registrations undertaken and licences granted by the Commission shall be deemed
to be public document within the meaning of the Qanun-e-Shahdat Mer
1984
(P. O. No. l0 of 1984).

(2)The Authority shall cause for the updated list of all duly recognized
medical practitioners and dental practitioners to be published on its website available
for public access.

35. Penalties.-{l) Whoever in contravention of provisions of this

Ordinance operates or runs or establishes or endorses any institution or advertises
admissions in an institution for imparting training and education in medicine or dentistry
shall be guilty ofan offence punishable with rigorous imprisonment for a term which
may extend to five years but shall not be less than one year or with fine which may
extend to fifty million Rupees but shall not be less than five million Rupees or with
both and shall also be liable to clbsure ofsuch institution.

(2) Whoever in contravention ofprovisions ofthis Ordinance operates or

runs or establishes or endorses any institution and admits students for imparting
education in medicine or dentistry or admits students over and above the allowed
number, shall be guilty ofan offence punishable with rigorous imprisonment for a
term which may extend to five years but shall not be less than one year or with fine
which shall not be less than the sum totalofthe tuition fee for the whole duration of
study for each admitted student or with both and shall also be liable to closure of
such institution.

(3) Whoever falsely gets registered with the Authority as a registered

medical or dental practitioner without possessing recognized medical or dental
qualifications or attempts to get registered with the Authority as a registered medical
practitioner without possessing recognized medical or dental qualifications, shallbe
guilty ofan offence offraudulent registration, punishable with imprisonment for a
term which may extend to five years or with fine which may extend to ten million
Rupees but shall not be less tlran five million Rupees or with both.
 470 THE GAZETTE OF PAKISTAN , EXTRA., OCT. 21, 2019 [Perr I
(4) Whoever falsely pretends to be registered under this Ordinance as a
medical practitioner or dentist and uses with his name any title or words or letters
representing that he is so registered with the Authority or uses the word "doctor" or
any other nomenclature or designation without legal basis, irrespective of whether
any person is actually deceived by such pretence or representation or not, shall be
guilty of an offence punishable with imprisonment for a term which may extend to
three years or with fine which may extend to ten million Rupees but shall not be less
than five million Rupees orwith both.

(5) Whoever aids or abets any person to falsely register with the Council
as a registered medical practitioner withsut having reeognized medical or dental
qualifications shall be guilty of an offence punishable with imprisonment for a term
which mayextend to two years or with fine which may extend to ten million Rupees
but shall not be less than five million Rupees or with both.

(6) Whoever contravenes any other provision of this Ordinance shall be

guilty of an offence punishable with imprisonment for a term which may extend to
one year or with fine which may extend to five million Rupees or with both.

(7) In every case of offence, in which the offender is sentenced to a fine,

whether with or without imprisonment, it shall be competent for the Medical Tribunal
to direct that in default of payment ofthe fine the offender shall suffer imprisonment
for a certain term, which imprisonment shall be in excess of any other imprisonment
to which he may have been sentenced or to which he may be liable under a
commutation of sentences.

(8) The term for which the Medical Tribunal directs the offender to be
imprisoned in default of payment of a fine shall not exceed one-fourth of the term of
imprisonmentwhich is the maximum term fixed forthe offence.

(9) A penalty of imprisonment shall only be imposed by the Medical

Tiibunal.

(10) All offences under this Ordinance shall be non-cognizable and triable
by the Medical Tribunal.

(l l) Allpenalties imposed by the disciplinary committee shall be paid to the

Authority's account. All penalties imposed by the Medical Tribunal shall be deposited
in equal amount with theAuthority and the Medical Tribunal.

(12) TheAuthority may apply to the Medical Tribunal to recover an amount

imposed as penalty and the Medical Tribunal shall direct the arrest and confinement
of the defaulter until such tirne as the penalty is paid in full.
PrnrIl THEGAZETTEOFPAKISTAN, EXTRA.,OCT. 21, 2019 471

36. Offences by bodies corporatc{ I ) Where any contravention of

this Ordinance has been committed by a body corporate, and it is proved that such
offence has been committed with the consent or connivance or, is attributed to any
negligence on the part of, any director, partner, manager, secretary, trustee or other
oflicer ofthe body corpora.te, such director, partner, manager, secretary trustee or
other officer of the body corporate, shall be deemed guilty of such contravention
along-with the body corporate and shall be punished accordingly:

Provided that in the case ofa company as defined under the Companies
Acg 2017 (XIX of20l7), only the chiefexecutive shall be liable underthis section.

Explanation.-F or the purposes of this section, "body corporate or

institution" includes a firm, association of persons, a society registered under the
Societies Registration Act, 1860 (XXI of 1860) or under the Co'operative Societies
Act, 1925 (VIl of 1925) and a t ust created under the Trust Act, 1882 (Il of 1882).

(2) Where any contravention of this Ordinance has been committed by

any Govemment agency, local authority or local council and it appears from the
relevant documents that such contravention has been commiued with the consent or
connivance of or is attributable to any negligence on the part of the head or any
other officer ofthe Govemment igency, local autlrority or local council, such head
or other officer shall also be deem guilty of such contravention along-with the
Govemment agency, local authority or local council and shall be liable to be proceeded
against and punished accordingly.

37. Cognizance of olfences.-(l ) No court shall take cognizance of

any offence or matter under this Ordinance to which thejurisdiction ofthe Medical
Tribunal extends.

(2) Any person aggrieved by an act which is an offence under this

Ordinance may institute a complaint or claim before the Medical Tribunal.

38. Appeals to the Medical Tribunat.{l) Any person aggrieved by

any order or direction of the Commission, including the Council' Authority or
disciplinary committee, under any provision ofthis Ordinance, orrules or regulations
may prefer an appeal only before the Medical Tribunal within thi(y days ofthe date
of communication of the impugned order or direction.

(2) An appeal to the Medical Tribunal shall be in such form, contain such
particulars and be accompanied by such fees as may be prescribed'

39. The officers of Federal, Provincial and local Government to

assist Authority.-The officers of Federal Govemment, Provincial Governments
 472 THE GAZETTE OF PAKISTAN, EXTRA., OCT. 21, 2019 [PrRr I
and local Governments including the Capital Tenitory Police and the provincial
Police shatl assist the Authority and its ofiicers in the discharge oftheir functions
under the provisions ofthis Ordinance and the rules and regulations made thereunder.

40. Power to make rules.{ l) The Division may, by notification in the

official Gazette, make rules for carrying out the purposes of this Ordinance.

41. Power to make regulations.-{ I ) The Council may by notification

in the official Gazette make regulations generally to carry out the purposes ofthis
Ordinance, and, without prejudice to the generality of this power, such regulations
may provide for
-
(a) the management ofthe property ofthe Council and the maintenance
and audit of its accounts;

(b) the powers and duties of the President and Vice-president;

(c) the mode of appointment of committees, the summoning and holding

of meetings and the conduct ofbusiness ofsuch commiftees;

(d) enforcement ofthe different codes ofgeneral and specialized practice

and ethics as framed by the rplevant institr;tions and as may be applicable
upon the medical and dental practitioners;

(e) terms and conditions ofservice for all employees ofthe Council;

(0 scope and structure of penalties commensurate with offences; and

(e) any matter for which underthis Ordinance provision may be made by
regulations.

42. Information to be furnished by the Commission and publication

there of.- (l) The Commission shall fumish such reports, copies of its minutes,
abstracts of its accounts and other information to the Division as it may require.

(2) The Division may publish, in such manner as it may think fi! any
reporg and copy, abstract or other information furnished to it under this section or
under section 43.

43. Commission of inquiry.{l) Whenever it appears to the Division

that the Council is not complying wittrany provisions ofthis Ordinance, the Federal
Minister may refer the particulars of the complaint to a commission of inquiry
consisting ofthree persons two ofwhom shall be appointed by the Federal Ministeq
including the chairman being at least a person who has beenjudge ofa High Court,
and one member nominated by the CounciI by a resolution.
Penr Il THE GAZEI'TE OF PAKISTAN, EXTRA., OCT, 21, 2OI9 473

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

report to the Federal Minister as to the truth ofthe 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, the commission shall recommend the remedies,
if any, which are in its opinion necessary. This process shall be completed within
thirty days.

(3)The Division shall forward the report of the commission of inquiry to

the Council for implementation and forremedial actions. The Council
shall submit to
the Division a deiailed plan of remedial measures to be adopted by the Council
which shall be considered as approved ifno further orders are passed by the Division
in this regard within three months.All remedial actions shall be taken by the
council
within aitipulated period of sixmonths and the Council shall submitto the Division
a report of actionsiaken thereon. Ifthe Council fails to comply with the remedial
..".u.", forwarded to it by the Division, the Division may by itself amend the
regulationsoftheCouncilormakesuchprovisionsorissueordersortakesuchother
steps as may seem necessary to give effect to the recommendations of
the
commission.

The commission of inquiry shall have power to administer oaths' to

(4)
enforce ihe attendance of witnesses and the production of documents and shall
have other necessary powers for the purpose ofany inquiry conducted by
it as are
exercised by a civil court under the Code ofCivil Procedure, 1908 (Act V of 1908)'l

44. Delegation.-The Council may, by general or special order' delegate

to the president, vice_president or committee of the council, any of its powers or
as may
responsibilities underthis ordinance subject to such conditions or limitations
be prescribed by rules or as may be prescribed by regulations:

grant'
Provided that delegation ofsuch power shall not include the power to
its financial
revoke or cancel recognition ofa medical or dental institution or any of
powers including the power to approve the annual budget'

45. Oflicers, etc. deemed to be public servants'-The members'

be public servants
officers, employees and other staffofthe Authority shall be deemed to
within ihe meanings of section 2l ofthe Pakistan Penal Code (Act XLV of 1860)'

46. Indemnity.-No suit, prosecution or other proceedings shalllie against

the Federal Govemment, Division, aouncil, Board, Authority, or any committee
of
or any member, ofiicer or employee
the Council, President, Vice-President, Secretary
oi t eu,ttotlty in respect of anything done or intended to be done in good faith
under" this Ordinance.
 474 THE GAZETTE OF PAKISTAN , EXTRA.,OCT. 21, 20t9
[Penr I
47. Over-riding provision.-The provisions ofthis Ordinance shall have
effect notwithstanding anything to the contrary contained in any other law
for the
time being in force.

4E. Schedules and recognition of qualifications and instittitions.-

AII schedules as maintained and recorded under the repealed pakistan Medicar
and
Dental Council Ordinance, 1962 (Act XXXII of l96i) shall be
deemed to have
merged into the record ofthe Commission as required to be maintained pursuant
to
this ordinance subject to the councir at their discretion re-assessing
ihe entries
therein pursuant to the criteria laid down under this Ordinance.

49. Employees and offieers of dissotved pakistan Medical and

Dental Council.{l) All employees and officers whether permanent, regular,
tempora0/ or contractual ofthe dissolved pakistan Medicar and
bental counciishall
cease to be employees ofthe Council upon promulgation ofthis Ordinance.

(2) Upon the cessation ofthe employment ofthe employees and officers,
they shall be paid their end ofservice benefits as accrued uptoihe
date ofcessation
of employment subject to verification as to their validity, Iegality
and audit by the
Auditor General of Pakistan or Accountant General pakista'n Revenues
(ACPR),
and_ subject to having worked for more than twelve
months and shall be paid in
addition compensation equal to six months basic pay as per the
last basic pay applicable
upon verification by rhe AGpR.

(3)Upon cessation of employment rhe employees and officers

of the
dissolved Pakistan Medical and Dentai Council shail ."t"i,
no further right of
employment with the Commission formed pursuant to this
Ordinance subj"ect to
having the right to apply on merit for any position advertised
or offered by the
Commission and where obtaining fresh employment with
the Commission shall not
in any manner affect the benefits to be
section:
iaij to such employee pursuant to this

Provided that a[ employees ofthe dissolved pakistan Medical

^ ..
Council serving in special pay scale I to 4 shall beoffered an
and Dentar
available position in the
Commission on priority subject to fulfillment of minimum criteria
foisuch position
and their acceptance ofthe terms and conditions ofemployment
approved by the
Council for employees of the Commission.

. _1897 savings.{l ) Subjectto section 6ofthe General Clauses

Repeal and
Act ^-10:
(X of 1897), the pakistan Medicai and Dental Council Ordinance, 1962
(XXXIl of 1962) herein after reflected as repearing ordinance
herein after refe,ed
as repealed Ordinance, shall stand repealed.
PART I] THEGAZETTEOFPAKISTAN, EXTRA.,OCT. 2I, 2OI9 475

(2)
Notwithstanding the repeal of the rbpealed or anything contrary
contained herein, alldecisions taken, regulations made oramended and disciplinary
action taken by the Comcil, Ad'hoc Council, Executive Committee or any Committee
or authority ofthe dissolved Pakistan Medical and Dental Council pursuant to the
repealed and the Pakistan Medical and Dental Council Ordinance, 2019 shall be
deemed to have been validlY made:

Provided that all regulations made and promulgated pursuantto the repealed
Ordinance, or the Pakistan Medical and Dental Council Ordinance, 2019 stand
repealed and shall not be enforceable subject to sub-section (7)'

(3)The dissolved Pakistan Medical and Dental Council as formed pursuant

to the rep€aled ordinance stands dissolved upon the promulgation ofthis ordinance.

(4) All assets, rights, moveable and immoveable properties, records, cash,
bank accounts, deposits etc., ofthe dissolved Pakistan Medical and f)ental council
under the repealed ordinance shall stand transferred to the commission and shall
be deemed to be the assets, rights, properties, records, cash, bank accounts,
deposits
etc., of the Commission.

(5)All assets, liabilities, payables and recievables ofthe dissovled Pakistan

MedicalandDentalCouncilundertherepealedordinanceshallbedeemedtobe
the assets, tiabitities, payables and receivables ofthe Commission'

(6) All registration, recognition etc., granted by the dissolved Pakistan

MedicalandDentalCouncilundertherepealedordinanceshallbedeemedtobe
the registration, recognition granted by Commission subject to the
provisions ofthis
Ordin-ance or the same being within the power ofthe Commission to
recognize and
register pursuant to this Ordinance.

(7)All admission processes for medical and dental colleges initiated prior
or amended
to the promulgation ofthis Ordinance pursuant to regulations framed
und",th"."pol"dandasamendedbytheCouncilnotifedunderthePakistanMedical
andDentalCouncilOrdinance,20lg,shallbecompletedpursuanttosuchrepealed
admining
regulations subject to medical and dental colleges publicly informing all
students in advance ofthe five year fee plan applicable to them'

51. Transitory period.{l) The Federal Govemment shall provide

requested
officers on depuiation for a period not exceeding ninety days as may be
by the Councii to assist in the operations ofthe Commission until
members' officers
and necessary employees ofthe Commission are appointed'
476 THE GAZETTE OF PAKISTAN , EXTRA., OCT 21, 20lg nnr I
(2) The council may appoint pesons on a temporary short term contract
for a period not exceeding ninety days to assist in the operations ofthe
Commission
sub.sequent to its establishment.

DR. AzuF ALVI,

President.

MUHAMMAD KHASHIH-UR.REHMAN,
t
Secretry.

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