THE EYE SURGERY
(RESTRICTION) ORDINANCE, 1960
( LI OF
1960)
[31st
December, 1960]
An
Ordinance
to
prevent surgery on the eye by persons other than registered medical
practitioners.
WHEREAS it is expedient to prevent
surgery on the eye by persons other than registered medical practitioners;
Now, THEREFORE, in pursuance of the
Proclamation of the seventh day of October 1958, and in exercise of the powers
conferred by Article 2 of the State Arrangements Order, 1959, and of all other
powers enabling him in that behalf, the Minister exercising the functions of
President under the said Article makes and promulgates the following
Ordinance:-
1.
Short title
extent and commencement.— (1) This Ordinance may be called the Eye Surgery
(Restriction) Ordinance, 1960.
(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-
(1)
"complete
blindness" means absence of sight through total loss of perception of
light in both eyes;
(2)
"eye
surgery" means any surgical operation performed on or in relation to
the eye by means of any instrument of whatever kind;
(3)
"partial
blindness" means total loss of perception of light in one eye or
sub-total loss of perception of light in both eyes resulting in restriction of
visual field and acuity; and
(4)
"registered
medical practitioner" means a person who is, for the time being,
registered under any law relating to the registration of medical practitioners
in Pakistan.
3.
Punishment for
performing eye surgery in certain cases.— (1) Any person, not being a
registered medical practitioner, who performs eye surgery upon another, whether
with or without the latter's consent, shall be punishable with imprisonment for
a term which may extend to one year, and with fine which may extend to one
thousand rupees.
(2)
The term of imprisonment under sub-section (1) may
extend— (a) to three years, if
the offence results in partial blindness, and (b) to seven years, if the offence results in complete blindness.
4.
Punishment
for unlawful practice or holding out.— Any person not being a registered
medical practitioner who practises, or holds himself out, whether directly or
by implication, as practising, or as being prepared to practise, eye surgery
shall be punishable with imprisonment for a term which may extend to six
months, and with fine which may extend to five hundred rupees.
5.
Offences to
be cognizable.— An offence punishable under sub-section (1) of section 3 or
under section 4 shall be a cognizable offence for the purposes of the Code of
Criminal Procedure, 1898 (Act V of 1898), notwithstanding anything to the
contrary contained therein.
6.
Trial of
offences.— No court inferior to that of a Magistrate of the first class
shall try any offence punishable under this Ordinance.
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