THE MEDICAL AND
DENTAL DEGREES ORDINANCE, 1982
( XXVI of
1982)
[31st
October, 1982]
An
Ordinance
to
repeal and with certain modifications re-enact the Medical Degree Act 1916.
Preamble.— Whereas it is expedient to
repeal and with certain modifications, re-enact the Medical Degrees Act, 1916
(VII of 1916);
And whereas the President is satisfied
that circumstances exist which render it necessary to take immediate action;
Now, therefore, in pursuance of the
Proclamation of the fifth day of July, 1977, and in exercise of all powers
enabling him in that behalf, the President is pleased to Make and promulgate
the following Ordinance:
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Medical and
Dental Degrees Ordinance, 1982
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force at once.
2.
Definitions.—
In this Ordinance, “Scientific Medical and Dental System” means the
scientific methods of Allopathic Medicine, Obstetrics, Surgery and Dentistry,
but does not include the Homoeopathic, Ayurvedic or Unani system of Medicine.
3.
Right to
Confer Degrees, etc.— The right of conferring, granting or issuing in Pakistan
degrees, diplomas, licences, certificates, or other documents stating or
implying that the holder, grantee or recipient thereof is qualified to practise
scientific Medical and Dental System shall be exercisable only by the
authorities specified in the Schedule and by such other authority as the
Federal Government or a Provincial Government may, by notifications in the
official Gazette, and subject to such conditions as it thinks fit to impose,
authorise in this behalf.
4.
Prohibition
of unauthorised conferment of degrees, etc.— Save as provided by Section 3,
no person in Pakistan shall confer, grant or issue any degree, diploma,
licence, certificate or other document stating or implying that the holder,
grantee or recipient is qualified to practise scientific Medical and Dental
System.
5.
Contravention
of Section 4.— Whoever contravenes the provisions of Section 4 shall be
punishable with rigorous imprisonment for a term which shall not be less than
one year or more than five years and shall also be liable to fine which may
extend to fifty thousand rupees; and, if the person so contravening is an
association, every member of such association who knowingly and willfully
authorises or permits the contravention shall be punishable with rigorous
imprisonment for a term which shall not be less than one year or more than five
years and shall also be liable to fine which may extend to twenty-five thousand
rupees.
6.
Penalty for
falsely assuming or using Medical and Dental titles.— Whoever voluntarily
and falsely assume or uses any title or description or any addition to his name
implying that he holds a degree, diploma licence or certificate conferred,
granted or issued by any authority referred to in Section 3 or recognised by
the Medical and Dental Council of Pakistan or uses any words to give a false
impression that he was qualified to practise scientific Medical and Dental
System shall be punishable with rigorous imprisonment for a term which shall
not be less than one year or more than five years and shall be liable to fine
which may extend to fifty thousand rupees:
Provided that
nothing in the section shall apply to the use by any person of any title,
description or addition which he uses by virtue of any degree, diploma, licence
or certificate conferred upon him or granted or issued to him in any subject
other than medicine.
7.
Cognizance
offences.— No Court shall take cognizance of an offence punishable under
this Ordinance except upon a complaint made by the Secretary of Medical and
Dental Council or person authorised by the Secretary and notified in the
official Gazette.
8.
Jurisdiction
of Magistrate.— No Court inferior to that of Magistrate of the first class
shall try an offence punishable under this Ordinance.
9.
Offences to
be bailable.— Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898), all offences punishable under this Ordinance
shall be bailable.
10.
Repeal.— The
Medical Degrees Act, 1916 (VII of 1916), is hereby repealed.
SCHEDULE
( See Section
3)
I.
Every University in Pakistan established by an
Act of the Federal, Provincial Legislature.
II.
College of Physicians and Surgeons of Pakistan.
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