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  "title": "Medical Tribunal Act, 2020.",
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  "text": "Page 1 of 6 \r\n \r\n \r\n \r\n \r\nTHE MEDICAL TRIBUNAL ACT, 2020 \r\n \r\n \r\n \r\n  \r\n  \r\nCONTENTS \r\n \r\n1. Short title and commencement \r\n2.    Definitions \r\n3.    Cognizance of offences \r\n4.    Medical Tribunal \r\n5.    Tenure of office \r\n6. Jurisdiction and powers of Medical Tribunal \r\n7.    Offences by bodies corporate \r\n8.    Appeals to the Medical Tribunal \r\n9.    Appeals from orders of the Medical Tribunal \r\n10. Abatement of suit and other proceedings \r\n11. Limitation \r\n12. The officers of Federal, Provincial and local Governments to assist Tribunal \r\n13. Rules \r\n14. Regulations \r\n15. Overriding effect \r\n16. Savings \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 6 \r\n \r\nTHE MEDICAL TRIBUNAL ACT, 2020 \r\n \r\nACT NO. XXXIV OF 2020  \r\n [22nd September, 2020] \r\nAN \r\n \r\nACT \r\n \r\nto provide for the setting up of special judicial tribunal to efficiently and expeditiously hear and \r\ndecide disputes arising out of matters pertaining to the    medical and health sectors \r\nWHEREAS it is expedient to  provide for the  setting up  for a special judicial tribunal to \r\nefficiently and expeditiously hear and decide disputes arising out of matters pertaining to the actions \r\nof authorities formed to regulate different areas of the medical sector in Pakistan and to provide cost \r\neffective adjudication of such disputes; \r\nIt is hereby enacted as under:— \r\n \r\n1. Short title and commencement.— (1) This Act shall be called the  Medical Tribunal Act, \r\n2020. \r\n \r\n(2) It shall come into force at once. \r\n \r\n2. Definitions.— In this Act, unless there is anything repugnant in the     subject or context,— \r\n \r\n(a) “Bench” means bench as constituted by the Chairman of the Medical Tribunal; \r\n \r\n(b) “Chairman” means Chairman of the Medical Tribunal; \r\n \r\n(c) “members” means members of the Medical Tribunal; \r\n \r\n(d) “prescribed” means prescribed rules or regulations made under this Act, as the \r\ncase may be; \r\n \r\n(e) “Registrar” means the registrar of the Medical Tribunal and  includes any other \r\nperson authorized by the Tribunal to perform the functions of the Registrar under \r\nthis Act; \r\n \r\n(f) “regulations” means regulations made under this Act; \r\n \r\n(g) “rules” means rules made under this Act; and \r\n \r\n(h) “Tribunal” means Medical Tribunal established under this Act. \r\n \r\n3. Cognizance of offences.—(1) No court  shall take  cognizance in  any matter to which  \r\njurisdiction of the Tribunal extends. \r\n \r\n(2) Any person or entity aggrieved by an act which is an offence under  any law for the time \r\nbeing in force triable by the Tribunal or by an order or act  which is appealable before the Tribunal \r\n \r\nPage 3 of 6 \r\n \r\nmay institute a complaint or claim or appeal as the case may be before the Tribunal. \r\n \r\n(3) The Tribunal may also initiate appropriate proceeding on dependable information against \r\nany individ ual or institution after issuing notice  against an act or omission  which falls within the \r\njurisdiction of the Tribunal. \r\n \r\n4. Medical Tribunal.—(1) The Prime Minister of Pakistan shall, by notification in the official \r\nGazette, establish the Tribunal which shall exercise jurisdiction under this Act. \r\n \r\n(2) The Tribunal shall consist of a Chairman who has been a judge of a  High Court to be \r\nappointed by the Prime Minister of Pakistan upon nomination        by the Chief Justice of Pakistan. \r\n \r\n(3) In addition to the Chairman, the Tribunal shall consist of at least  four members and the \r\nFederal Government may increase the number of members        as required. \r\n \r\n(4) The members of the Tribunal shall be  appointed by the Prime Minister of Pakistan in \r\nconsultation with the Chairman of the Tribunal, of  which half shall be jurists who have been judges \r\nof High Court and half shall be  technical members with suitable professional qualifications and \r\nexperience, in  the medical fields. \r\n \r\n(5) The powers and functions of the Tribunal may be  exercised or performed by Benches as \r\nconstituted by the Chairman of the Tribunal. \r\n \r\n(6) The principal seat of the Tribunal shall be at Islamabad. The Benches of the Tribunal may \r\nfunction at any of the provincial headquarters as per       schedule directed by the Chairman. \r\n \r\n(7) If the members of the Bench differ in opinion as to the decision to  be given on any point, \r\nthe case shall be referred to the Chairman and the decision  of the Tribunal shall be expressed in terms \r\nof the opinion of the Chairman. \r\n \r\n(8) The Tribunal shall not, merely because of a change in its composition, or the absence of \r\nany member from any sitting, be bound to recall and rehear any witness who has given evidence, and \r\nmay act on the evidence already recorded by, or produced, before it. \r\n \r\n(9) The Tribunal may hold its sittings at such places within its territorial jurisdiction as the \r\nChairman may decide. \r\n \r\n(10) No act or proceeding of the Tribunal shall be invalid by reason only       of the existence of a \r\nvacancy in, or defect in the constitution, of the Tribunal. \r\n \r\n(11) The terms and conditions of service of the Chairman and members  of the Tribunal shall \r\nbe such as may be prescribed by rules. \r\n \r\n5. Tenure of office. —The Chairman and members of the Tribunal shall hold office for a \r\nperiod of three years which may be extended by the Federal Government for another term subject \r\nto consent of the Chief Justice of Pakistan to the extended term of the Chairman and the consent of \r\nthe Chairman       to the extended term of a member. \r\n \r\n \r\n \r\nPage 4 of 6 \r\n \r\n6. Jurisdiction and powers of Medical Tribunal. — (1) All offences provided for under the \r\nPakistan Nursing Council Act, 1973 (XXVI of 1973),  Pakistan Health Research Council Act, 2016 \r\n(XII of 2016), the Unani, Ayurvedic  and Homeopathic Practitioners Act, 1965 (II of 1965), the \r\nPharmacy Act, 1967  (XI of 1967), the Pakistan Medical and Dental Ordinance, 1962 (XXXII of  \r\n1962), the Pakistan Medical Commission Ordinance, 2019 (XV of 2019) or any  other law as may be \r\nnotified by the Federal Government, shall be triable by the Tribunal. \r\n \r\n(2) All appeals against decisions, orders and acts of the relevant apex  authorities or councils \r\nformed pursuant to the Pakistan Medical and Dental Ordinance, 1962 (XXXII of 1962), Pakistan \r\nMedical Commission Ordinance, 2019 (II of 2019), the Pakistan Nursing Council Act, 1973 (XXVI \r\nof 1973), Pakistan Health Research Council Act, 2016 (XII of 2016) and the Unani, Ayurvedic and \r\nHomeopathic Practitioners Act, 1965 (II of 1965), the Pharmacy Act, 1967 (XI of 1967) or any other \r\nlaw as may be notified under sub-section (1)  shall be heard and decided by the Tribunal. \r\n \r\n(3) All claims or complaints arising out of acts or obligations pursuant to the Pakistan Medical \r\nand Dental Ordinance, 1962 (XXXII of 1962), Pakistan Medical Commission Ordinance, 2019 (II of \r\n2019), the Pakistan Nursing Council         Act, 1973 (XXVI of 1973), Pakistan Health Research Council \r\nAct, 2016 (XII  of 2016) or the Unani, Ayurvedic and Homeopathic Practitioners Act, 1965 (II of  \r\n1965), the Pharmacy Act, 1967 (XI of 1967) or any other law as may be notified  under sub-section \r\n(1), where the original jurisdiction is not vested in the relevant  apex authorities or councils formed \r\nthereunder shall be heard and decided by the Tribunal. \r\n \r\n(4) All cases in which the offender is sentenced to a fine, whether with  or without \r\nimprisonment, it shall be competent for the Tribunal to direct that in default of payment of the fine the \r\noffender shall be punishable with imprisonment for a certain term, which imprisonment shall be in \r\nexcess of any other imprisonment to which he may have been sentenced or to which he may be liable \r\nunder a commutation of sentences. \r\n \r\n(5) The term for which the Tribunal directs the offender to be imprisoned in default of payment \r\nof a fine shall not exceed one -fourth of the term  of imprisonment which is the maximum penalty \r\nprescribed for the offence in the relevant statute or rules or regulations framed thereunder. \r\n \r\n(6) In exercise of its criminal jurisdiction, the Tribunal shall  have the  same powers as are \r\nvested in Court of Sessions under the Code of Criminal Procedure, 1898 (Act V of 1898). \r\n \r\n(7) In exercise of the civil jurisdiction, the Tri bunal shall have the same      powers and shall \r\nfollow the same procedure as civil court under the Code of Civil        Procedure, 1908 (Act V of 1908). \r\n(8) In all matters with respect to which no procedure has been provided   for in this Act, the \r\nTribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908). \r\nThe Tribunal shall make such rules for its      functioning as deemed appropriate by the Chairman in \r\nconsultation with the members. \r\n \r\n(9) The Tribunal may issue bailable warrant for the arrest of any person  against whom \r\nreasonable suspicion exists, of his having been involved in any  contravention punishable under this \r\nAct: \r\nProvided that such warrant shall be applied for, issued and executed in accordance with the \r\nprovisions of the Code of Criminal Procedure, 1898 (Act V of 1898): \r\n \r\nPage 5 of 6 \r\n \r\nProvided further that if the person arrested executes a bond with sufficient surety in accordance \r\nwith the endorsement on the warrant he shall be  released from custody, failing which he shall be \r\ntaken or sent without delay to  the officer in-charge of the nearest police station. \r\n(10) All proceedings before the Tribunal shall be deemed to be judicial proceedings within the \r\nmeaning of sections 193 and 228 of the Pakistan Penal  Code, 1898 (Act XLV of 1898) and the \r\nTribunal shall be deemed to be a court  for the purpose of sections 480 and 482 of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898). \r\n \r\n(11) The Tribunal shall hear and decide all appeals, complaints or claims   instituted before it \r\nwithin one hundred twenty days without exception and shall  refuse all requests for adjournments if \r\nsought by any party if such adjournment  would lead to the Tribunal  not being able to decide a case \r\nwithin the stipulated period. \r\n \r\n(12) The Tribunal shall impose penalties as may be prescribed under the  relevant statute or \r\nrules or regulations made thereunder and in the absence thereof determine reasonable penalties for \r\nreasons to be recorded subject to a fine   not exceeding  fifty million Rupees and imprisonment not \r\nexceeding seven years. \r\n \r\n7. Offences by bodies corporate. —(1) Where any contravention has  been committed by a \r\nbody corporate and it is proved that such offence has been committed with the consent or connivance \r\nor, is attributed to any negligence on the part of, any director, partner, manager, secretary, trustee or \r\nother officer of  the body corporate, they shall be deemed to be guilty of such contravention along       with \r\nthe body corporate and shall be punished accordingly: \r\n \r\nProvided that in the case of company as defined under the Companies Act, 2017 (XIX of 2017), \r\nonly the chief executive officer shall be liable under this section. \r\n \r\nExplanation.— For the purpose of this section, “body corporate or institution” includes a firm, \r\nassociation of persons, a society registered under the  societies Registration Act, 1860 (XXI of 1860) \r\nor under the Co-operative Societies Act, 1925 (VII of 1925) and a trust created under the Trust Act, \r\n1882    (II of 1882). \r\n \r\n(2) Where any contravention has been committed by any Government agency, local authority \r\nor local council and it appears from the relevant documents that such contravention has been \r\ncommitted with the consent or       connivance of or is attributed to any negligence on the part of the head \r\nor any other officer of the Government agency, local authority or local council, such  head or other \r\nofficer shall also be deemed gui lty of such contravention along with the Government agency, local \r\nauthority or local council and shall be liable to be proceeded against and punished accordingly. \r\n \r\n8. Appeals to the Medical Tribunal. — (1) Any person aggrieved by any order or direction \r\nof the authorities pursuant to the Pakistan Medical and  Dental Council Ordinance, 1962 (XXXII of \r\n1962), Pakistan Medical Commission Ordinance, 2019 (II of 2019), the Pakistan Nursing Council \r\nAct, 1973 (XXVI of 1973), Pakistan Health Research Council Act, 2016 (XII of 2016)       or the Unani, \r\nAyurvedic and Homeopathic Practitioners Act, 1965 (II of 1965) or      the Pharmacy Act, 1967 (XI of \r\n1967) and subject to the provisions of the Pakistan Medical and Dental Council Ordinance, 1962 \r\n(XXXII of 1962), Pakistan Medical Commission Ordinance, 2019 (II of 2019), the Pakistan Nursing \r\nCouncil Act, 1973 (XXVI of 1973), Pakistan Health Research Council Act, 2016 (XII of 2016) or the \r\nUnani, Ayurvedic and Homeopathic Practitioners Act, 1965 (II of 1965), the Pharmacy Act, 1967 (XI \r\n \r\nPage 6 of 6 \r\n \r\nof 1967) or any other law as may be notified under sub-section (1) of section 6, may prefer an appeal \r\nbefore the Tribunal within thirty days of the date of communication of the impugned order or direction. \r\n \r\n(2) An appeal to the Tribunal shall be in such form, contain such particulars and be  \r\naccompanied by such fees as may be prescribed. \r\n \r\n9. Appeals from orders of the Medical Tribunal.— Any person aggrieved by any final order \r\nin suit, in appeal or against any sentence passed by the Tribunal may, within thirty days of \r\ncommunication of such order or sentence,        prefer an appeal to the Supreme Court of Pakistan. \r\n \r\n10. Abatement of suit and other proceedings.— All suits, appeals, complaints or applications \r\nregarding any matter within the jurisdiction of the  Tribunal pending in any court immediately before \r\nthe commencement of this Act        shall abate forthwith: \r\n \r\nProvided that any party to such proceedings may, within ninety days of  the establishment of \r\nthe appropriate Tribunal, approach to the Tribunal in respect  of any such matter which is in issue in \r\nsuch suit, complaint, appeal or application etc. \r\n \r\n11. Limitation.—The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), \r\nshall apply to appeals etc. under this Act. \r\n \r\n12. The officers of Federal, Provincial and local Governments to  assist Tribunal.—The \r\nofficers of the Federal Government, Provincial Governments and local governments including the \r\nIslamabad Capital Territory police and the Provincial police shall assist the Tribunal and its officers \r\nin the discharge of their functions under the provisions of this Act and the rules and regulations made \r\nthere under. \r\n \r\n13. Rules.—The Federal Government may, by notification in the official Gazette, make rules \r\nfor carrying out the purposes of this Act. \r\n \r\n14. Regulations.—The Tribunal may, by notification in the official Gazette, make regulations \r\nto carry out purposes of this Act. \r\n \r\n15. Overriding effect.—The provisions of this Act shall have effect notwithstanding anything \r\nto the contrary contained in any other law for the time being in force. \r\n \r\n16. Savings.—All appointments, orders, notifications made, passed or issued or duly done by \r\nthe competent authority in relation to the Tribunal, or by  the Tribunal under the repealed Medical \r\nTribunal Ordinance, 2019 (XIV of 2019)  are saved and deemed continued. \r\n \r\n______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n    RGN Dated: 02-04-2026",
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