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  "title": "Pakistan Medical Commission Act, 2020 (Repealed by Act no. IV of 2023 section 51 (w.e.f 12-01-2023))",
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  "text": "Page 1 of 28 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE PAKISTAN MEDICAL COMMISSION ACT, 2020 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Constitution of the Commission. \r\n4. Composition of the Council. \r\n5. Restrictions on nominations. \r\n6. Terms of office. \r\n7. Meeting of the Council. \r\n8. Powers and functions of the Council. \r\n9. Principal officers \r\n10. Composition of National Medical and Dental Academic Board. \r\n11. Term of office of Board members. \r\n12. Meeting of the Board. \r\n13. Powers and functions of the Board. \r\n14. Secretary of the Commission. \r\n15. Composition of the National Medical Authority. \r\n16. Functions and powers of the Authority. \r\n \r\n\r\n \r\nPage 2 of 28 \r\n \r\n17. Committees of the Council. \r\n18. Medical and dental colleges admissions tests (MDCAT). \r\n19. Standards of medical and dental education. \r\n20. National licensing examination (NLE). \r\n21. National equivalence board examination. \r\n22. Recognition of post graduate, additional or alternative qualification. \r\n23. Recognition of medical institutions for grant of post graduate Recognition of medical \r\ninstitutions for grant of post graduate. \r\n24. Recognition of foreign post graduate, additional or alternative medical or dental \r\nqualification. \r\n25. Recognition of foreign institutions for under -graduate, post graduate, additional of \r\nalternative qualification. \r\n26. Recognition of continuous professional development opportunity providers. \r\n27. House job. \r\n28. Recognition of hospitals or institutions for house job or internship or foundation year \r\ntraining. \r\n29. Licensing. \r\n30. Inspection. \r\n31. Withdrawal of recognition. \r\n32. Disciplinary proceedings, suspension or cancellation of licence. \r\n33. Registers to be public documents. \r\n34. Penalties. \r\n35. Offences by bodies corporate. \r\n36. Cognizance of offences. \r\n37. Appeals to the Medical Tribunal. \r\n38. The officers of Federal, Provincial and local Governments to assist Authority. \r\n39. Power to make rules. \r\n40. Power to make regulations. \r\n \r\nPage 3 of 28 \r\n \r\n41. Information to be furnished by the Commission and publication thereof. \r\n42. Commission of inquiry. \r\n43. Delegation. \r\n44. Officers etc. deemed to the public servants. \r\n45. Indemnity. \r\n46. Act No. X of 2012 not to apply to the Commission. \r\n47. Over-riding provision. \r\n48. Schedules and recognition of qualifications and institutions. \r\n49. Employees and officers of dissolved Pakistan Medical and Dental Council. \r\n50. Repeal and savings. \r\n51. Transitory period. \r\n  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 4 of 28 \r\n \r\nTHE PAKISTAN MEDICAL COMMISSION ACT, 2020 \r\n \r\nACT NO. XXXIII OF 2020 \r\n[22nd September, 2020] \r\nAn act to provide for the regulation and control of the medical profession and to establish a \r\nuniform minimum standard of basic and higher medical education and training and recognition of \r\nqualifications in medicine and dentistry \r\n \r\nWHEREAS it is expedient to provide for the regulation and control of the medical profession \r\nand to establish a uniform minimum standard of basic and higher medical education and training and \r\nrecognition of qualifications in medicine and dentistry; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\n1. Short title, extent and commencement—(1) This Act shall be called the Pakistan Medical \r\nCommission Act, 2020. \r\n \r\n(2) It extends to the whole of Pakistan. \r\n \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions.—(1) In this  Act, unless there is anything repugnant in the subject or \r\ncontext,— \r\n \r\n(i) “Authority” means the National Medical Authority established under this Act; \r\n \r\n(ii) “Board” means the National Medical and Dental Academic Board constituted \r\nunder this Act; \r\n \r\n(iii) “Chairman” means the Chairman of the Board appointed under section 10(3); \r\n \r\n(iv) “Commission” means the Pakistan Medical Commission established under \r\nsection 3; \r\n \r\n(v) “Commission of inquiry” means the Commission formed under section 42; \r\n \r\n(vi) “Council” means the Medical and Dental Council constituted under this Act; \r\n \r\n(vii) “disciplinary committee” means the disciplinary committee constituted under this \r\nAct; \r\n \r\n(viii) “Division” means the Division to which business of this Act stands allocated; \r\n \r\n(ix) “full licence” means a permanent licence to practice granted under this Act, \r\nsubject to continuing validity of the licence under this Act and applicable rules \r\n \r\nPage 5 of 28 \r\n \r\nand regulations; \r\n \r\n(x) “Higher Education Commission” means the Higher Education Commission \r\nestablished under the Higher Education Commission Ordinance, 200 2 (LIII of \r\n2002); \r\n(xi) “medical and dental institution” means an entity which imparts medical or dental \r\neducation or training or provides healthcare services including hospitals and \r\ndiagnostic services but excluding private medical or health clinics of a medica l \r\nor dental practitioner; \r\n(xii) “medical and dental colleges admissions tests” or “MDCAT” means the medical \r\nand dental colleges admissions test; \r\n \r\n(xiii) “national equivalence board examination” or “NEB” means the national \r\nequivalence board examination; \r\n \r\n(xiv) “national licensing examination” or “NLE” means national licensing examination \r\nas defined in section 20; \r\n \r\n(xv) “President” means the President of the Council; \r\n \r\n(xvi) “provisional licence” means a licence granted to enable training and education \r\nprior to grant a full licence an d subsequent to having qualified the national \r\nlicensing examination; \r\n \r\n(xvii) “regulations” means regulations made under this Act; \r\n \r\n(xviii) “rules” means rules made under this Act; \r\n \r\n(xix) “temporary licence” means a licence  granted for a fixed period of time for a \r\nspecific purpose provided for under this Act; \r\n \r\n(xx) “Tribunal” means the Medical Tribunal as constituted pursuant to the Medical \r\nTribunal Act, 2020; and \r\n \r\n(xxi) “Vice-President” means the Vice-President of the Council. \r\n \r\n(2) Subject to the context, the word “medical” occurring hereafter shall include the term \r\n“medical and dental”. \r\n \r\n3. Constitution of the Commission.- (1) Upon the commencement of this Act, the Federal \r\nGovernment shall establish in accordance with the provisions of  this Act the Pakistan Medical \r\nCommission. \r\n \r\n(2) The Commission shall be a body corporate by the name of the Pakistan Medical \r\nCommission having perpetual succession and a common seal, with power, subject to the provision of \r\nthis Act, to hold and dispose of property, to enter into contracts and shall in the said name sue and be \r\nsued. \r\n \r\nPage 6 of 28 \r\n \r\n(3) The headquarters of the Commission shall be at Islamabad and it may establish its offices \r\nat any other place as it may deem necessary. \r\n \r\n(4) The Pakistan Medical Commission shall consist of— \r\n \r\n(a) the Medical and Dental Council; \r\n \r\n(b) the National Medical and Dental Academic Board; and \r\n \r\n(c) the National Medical Authority consisting of members as provided for under \r\nsection 15. \r\n \r\n4. Composition of the Council.—(1) The Council shall comprise the following members to \r\nbe notified after approval by the Prime Minister of Pakistan in the official Gazette, namely:- \r\n \r\n(a) three members of civil society who shall be nominated by the Prime Minister of \r\nPakistan consisting of a nationally recognized philanthropist or person of known \r\nrepute, a legal professional and a chartered accountant; \r\n \r\n(b) three members being licensed medical practitioners with at least fifteen years \r\nexperience of outstanding merit and not being the vice-chancellor, dean, principal \r\nor administrator or owner or shareholders of a medical or dental university, \r\ncollege or hospital, nominated by the Prime Minister; \r\n \r\n(c) one member being a licensed dentist with at least fifteen years experience of \r\noutstanding merit and not being the vice -chancellor, dean, princip al, \r\nadministrator or owner or shareholder of a medical or dental university, college \r\nor hospital, nominated by the Prime Minister of Pakistan; \r\n \r\n(d) one member being the Surgeon General of the armed forces medical service or \r\nhis nominee; and \r\n \r\n(e) the Secretary of the Division. \r\n \r\n(2) After the notification of the members of the Council, the Division shall forthwith and not \r\nlater than fifteen days of the issuance of notification, call the first meeting of the newly constituted \r\nCouncil. A minimum of seven members of the Council shall constitute a quorum for the purposes of \r\nthe meeting of the Council. \r\n(3) The President and Vice -President of the Council shall be appointed from amongst the \r\nmembers of the Council by the Federal Government. \r\n \r\n(4) No member shall enter upon office of the member of the Council until he signs and submits \r\na declaration of no conflict of interest. \r\n \r\n(5) The Council shall be deemed to be not properly constituted if its membership falls below \r\nsix members. \r\n \r\nPage 7 of 28 \r\n \r\n(6) Subject to sub-section (5), no act done by the Council shall be invalid on the ground merely \r\nof existence of any vacancy in or any defect in the constitution of the Council. \r\n \r\n5. Restrictions on nominations. —No person, his spouse or children shall be eligible to \r\nbecome a member of the Council if they or any one of them has any conflict of interest being an owner \r\nor having any direct or indirect financial interest in a medical or dental institution. \r\n \r\n6. Terms of office.—(1) The term of a member nominated to the Council shall be three years \r\nunless earlier withdrawn by the nominating or appointing authority. No member of the Council shall \r\nserve for more than two terms. \r\n \r\n(2) The President and Vice -President of the Council shall hold office either for a term not \r\nexceeding three years or till completion of their term as member of the Council whichever is earlier: \r\n \r\nProvided that the Federal Government can remove the President and Vice- President of the \r\nCouncil at its discretion. \r\n \r\n(3) If a member fails to attend three consecutive meetings of the Council without any valid \r\nreason or remains out of Pakistan for a continuous period exceeding one year, he shall cease to be the \r\nmember of the Council. \r\n \r\n(4) Where the said term of three years is about to expire in respect of any member, their \r\nsuccessor may be nominated or elected at any time within three months before the expiry of said term, \r\nbut the successor shall not assume office until the expiry of the said term. \r\n \r\n(5) An office-bearer or nominated member may, at any time, resign his membership by writing \r\nunder his hand addressed to the President and the seat of such member shall be deemed to have fallen \r\nvacant from the date of acceptance of his resignation by the President. \r\n \r\n(6) A vacancy in the Council shall be filled through the prescribed process of nomination under \r\nsection 4 and the person nominated to fill the vacancy shall hold office for the remaining term of the \r\nvacancy. Any nomination required to fill a vacancy shall be submitted within fifteen days of such \r\nvacancy having occurred. \r\n \r\n7. Meeting of the Council.—(1) The Council shall meet at least once in three months at such \r\ntime and place as may be decided by the President. A notice of the meeting shall be issued at least \r\nfourteen days prior to the meeting with the exception of an emergency meeting which may be called \r\nby a unanimous decision of the President and Vice-President of the Council for reasons to be recorded \r\nin writing on a minimum three days prior notice. \r\n \r\n(2) A minimum of six members of the Council shall form a quorum, except an elective meeting \r\nand all of the acts of the Council shall be decided by a majority of the members present and voting. \r\n \r\n8. Powers and functions of the Council. —(1) The Council shall have the functions and \r\npowers of general supervision over the working of the Commission and shall hold the President and \r\nVice-President of the Council, National Medical and Dental Academic Board, the National Medical \r\nAuthority, committees and other authorities accountable for all its functions. The Council shall have \r\n \r\nPage 8 of 28 \r\n \r\nall powers not expressly vested in any other authority or officer by any other l aw where such powers \r\nnot expressly mentioned in this Act are necessary for the performance of its functions. \r\n \r\n(2) Without prejudice to the generality of the foregoing powers and notwithstanding anything \r\ncontained in any other law for the time being in force, the Council shall have the following functions \r\nand powers, namely:— \r\n \r\n(a) to appoint the members, officers and employees of the Commission on such terms \r\nand conditions as the Council deems necessary to carry out the purposes of this \r\nAct and to provide for all matters relating to welfare, terms and conditions of \r\nservice of the members, officers and employees of the Commission in accordance \r\nwith regulations framed by the Council and including the right, to institute a \r\ncompulsory golden handshake scheme subject to  approval of the Federal \r\nGovernment, or such other severance package for the employees of the \r\nCommission, as it may deem proper; \r\n \r\n(b) to approve the proposed annual plan of work including key performance \r\nindicators, the annual and revised budgets, the annual r eport and the annual \r\nstatement of accounts; \r\n \r\n(c) to approve strategic plans and approve financial resource development plans of \r\nthe Commission; \r\n(d) to approve accreditation standards, for under -graduate medical and dental \r\nprograms of study based in Pakistan; \r\n \r\n(e) to approve curriculum and scope of under-graduate medical and dental programs \r\nof study in Pakistan leading to general registration of the graduates of those \r\nprograms to practice medicine and dentistry in Pakistan; \r\n \r\n(f) to frame regulations for conduct of admissions in medical and dental colleges and \r\nexaminations to be conducted by the Commission and approve the examination \r\nstructure and standards of the medical and dental colleges admissions test, \r\nnational licensing examination and the national equivalence board examinations \r\nas proposed by the national medical and dental academic board including the \r\nstandards of revalidation of licences to practice medicine or dentistry in Pakistan; \r\n \r\n(g) to grant recognition to medical and de ntal institutions in Pakistan which train or \r\ngrant or both train and grant medical and dental post graduate qualifications and \r\nto the qualifications granted by these institutions leading to registration of the \r\ngraduates of those programs to practice medicine in Pakistan as specialists; \r\n \r\n(h) to approve the assessment of international under-graduate medical programs and \r\ninstitutions for registration of their graduates in Pakistan; \r\n \r\n(i) to approve the assessment of authorities or institutions in other countries that \r\nconduct examinations for post graduate registration in medicine and dentistry or \r\nthat accredit post graduate programs of study relevant to registration in medicine \r\n \r\nPage 9 of 28 \r\n \r\nand dentistry; \r\n(j) to approve listing for any new medical and dental specialties; \r\n \r\n(k) to hear and decide complaints against licensees of professional negligence and \r\nmisconduct in accordance with regulations prescribed by the Council; \r\n \r\n(l) to provide non -binding advise to the Federal Government and the Provincial \r\nGovernments and the Parliament when sought on proposals for granting a charter \r\nby the Parliament to award post graduate degrees in the field of medicine and \r\ndentistry, both in public and private sector; \r\n \r\n(m) to advise the Federal Government and the Provincial Governments, health -care \r\ncommissions, regulatory bodies in the field of medicine  and dentistry and any \r\nother authority or local body on matters within the powers of the Commission \r\nunder this Act and ancillary and incidental thereto; \r\n \r\n(n) to work with international health, accreditation and testing authorities and \r\nagencies to bring about improvement in the furtherance of these objectives; \r\n \r\n(o) to determine the remuneration and allowances to be paid to the members of the \r\nAuthority; \r\n \r\n(p) to fix the salaries, remuneration and benefits of the officers and employees of the \r\nCommission; \r\n \r\n(q) to constitute from amongst its members or outside experts such committees as the \r\nCouncil deems necessary to carry out the purposes and functions of the \r\nCommission; \r\n \r\n(r) to levy fees for grant, renewal or re -validation of licences,  examinations, \r\nregistrations, inspections, permissions, processes and any and all other ancillary \r\nservices as may be performed by the Commission in accordance with regulations \r\nprescribed by the Council subject to being in consonance with the purposes of \r\nproviding the operational cost and long term financial sustenance and strength of \r\nthe Commission in accordance with the financial and development plans \r\napproved by the Council; \r\n \r\n(s) to determine in addition to penalties already provided for under this Act the \r\nquantum of penalties in respect of any violation or offence pursuant to this Act or \r\nas may be provided for in accordance with regulations prescribed by the Council \r\nsubject to the quantum being a fair compensation for the wrong caused and a \r\ndeterrent to future violations of similar nature by any person; \r\n \r\n(t) to do all such matters as are ancillary including issuance of policies or framing of \r\nregulations, convenient for or which foster or promote the advancement of \r\nmatters that are the subject of these objectives and this Act; and \r\n \r\n(u) to hear appeals against any order, act or decision of the Authority or the National \r\n \r\nPage 10 of 28 \r\n \r\nMedical and Dental Academic Board. \r\n \r\n \r\n(3) The Council may, of its own motion or otherwise, call for and examine the record of any \r\nproceedings in which an order has been passed by any officer,  committee or authority of the \r\nCommission for the purpose of satisfying itself as to the correctness, legality or propriety of any \r\nfinding or order and may pass such orders as it may deem fit: \r\n \r\nProvided that no such order shall be passed unless the person to be affected thereby is \r\nafforded an opportunity of being heard. \r\n \r\n9. Principal officers. —(1) The following shall be the principal officers of the Council, \r\nnamely:- \r\n \r\n(a) the President; and \r\n \r\n(b) the Vice-President. \r\n \r\n(2) The President shall be the head of the Council and chair its meetings. In his absence, the \r\nVice-President shall chair the Council meeting and perform the functions of the President for that \r\nmeeting. \r\n \r\n(3) The President, or the Vice-President in his absence or as and when delegated by him, shall \r\nbe the signing authorities on behalf of the Council. \r\n \r\n10. Composition of National Medical and Dental Academic Board.— \r\n(1) The Board shall comprise the following members to be notified after approval by the \r\nPrime Minister of Pakistan in the official Gazette, namely:— \r\n \r\n(a) the Chairman Higher Education Commission or his nominee; \r\n \r\n(b) the President of the College of Physicians and Surgeons of Pakistan; \r\n \r\n(c) one vice-chancellor or dean of a public medical university nominated by each \r\nProvincial Government from amongst the universities located in the respective \r\nprovince; \r\n \r\n(d) one vice -chancellor or dean of the medical faculty of a private university or \r\ncollege nominated by each Provincial Government from amongst the universities \r\nlocated in the respective province; \r\n \r\n(e) vice-chancellor or dean of a public medical university and the medical faculty of \r\na private university or college nominated by the Federal Government from \r\namongst the universities located in the Islamabad Capital Territory; \r\n \r\n(f) the principal of the Army Medical College; \r\n(g) three members of the clinical faculty of a public or private medical college with \r\nat least fifteen years experience as a licensed practitioner or ten years of \r\n \r\nPage 11 of 28 \r\n \r\nexperience as faculty nominated by the Prime Minister of Pakistan; \r\n \r\n(h) two members of the basic sciences faculty of a public or private medical college \r\nwith at least fifteen years experience as a licensed practitioner or ten years of \r\nexperience as faculty nominated by the Prime Minister of Pakistan; and \r\n \r\n(i) two dentists with at least fifteen years experience as a licenced practitioner or ten \r\nyears of experience as dental faculty at a public or private dental college, \r\nnominated by the Prime Minister of Pakistan. \r\n \r\n(2) After the notification of the members of the Board, the Council shall forthwith and not later \r\nthan fifteen days from the issuance of notification call the first meeting of the newly constituted Board. \r\n \r\n(3) The Chairman of the Board shall be appointed from amongst the members of the Board by \r\nthe Federal Government. \r\n \r\n(4) No act done by the Board shall be invalid on the ground merely of existence of any vacancy \r\nin or any defect in the constitution of the Board. \r\n \r\n11. Term of office of Board members. —(1) The term of a Board member nominated to the \r\nBoard shall be three years unless earlier w ithdrawn by the nominating or appointing authority for \r\nreasons to be disclosed to the member prior to such withdrawal. No member of the Board shall serve \r\nfor more than two consecutive terms. \r\n \r\n(2) If a member nominated to the Board under clauses (c), (d), (e), (g), (h) or (i) of sub-section \r\n(1) of section 10 fails to attend three consecutive meetings of the Board without any valid reason or \r\nremains out of Pakistan for a continuous period exceeding one year, he shall cease to be the member \r\nof the Board and the nominating authority shall be required to nominate a new member in accordance \r\nwith section 10. \r\n \r\n(3) A member including the Chairman of the Board shall be removed by the Division if— \r\n \r\n(a) his name has been removed from the register of practitioners as a result of inquiry \r\nunder this Act; or \r\n(b) he becomes insane or is declared un -discharged insolvent by a competent court; \r\nor \r\n(c) he is convicted of a criminal offence involving moral turpitude, including un -\r\nprofessional and un-ethical conduct under this Act; or \r\n \r\n(d) his nomination is withdrawn in accordance with sub-section (1). \r\n \r\n(4) If the membership of a member is called in question on any of the reasons provided under \r\nsub-section (3) his membership shall be deemed suspended until the issuance of a notification of \r\nremoval by the Division under sub-section (1). \r\n \r\n(5) Where the said term of three years is about to expire in respect of any member, his \r\n \r\nPage 12 of 28 \r\n \r\nsuccessor may be nominated at any time within three months before the expiry of said term, but the \r\nsuccessor shall not assume office until the expiry of the said term. \r\n \r\n(6) A nominated member may, at any time, resign his membership by writing under his hand \r\naddressed to the President of the Council and the seat of such member shall be deemed to have fallen \r\nvacant from the date of acceptance of his resignation by the President. \r\n \r\n(7) A vacancy in the Board shall be filled through the prescribed process of nomination under \r\nsection 10, and the person nominated to fill the vacancy shall hold office for the remaining term of the \r\nvacancy. Any nomination requ ired to fill a vacancy shall be submitted within fifteen days of such \r\nvacancy having occurred. \r\n \r\n12. Meeting of the Board.—(1) The Board shall meet at least once in six months at the offices \r\nof the Commission on such date and at such time as may be decided by the Chairman. A notice of the \r\nmeeting shall be issued at least fourteen days prior to the meeting. \r\n \r\n(2) A meeting of the Board for a specific purpose may be called by the Council at a date and \r\ntime to be determined by the President of the Council in consultation with the Chairman of the Board. \r\n \r\n(3) A minimum of two-thirds of the members of the Board shall form a quorum and all of the \r\nacts of the Board shall be decided by a majority of the members present and voting. \r\n \r\n13. Powers and functions of the Board. —(1) The Board shall have the following functions \r\nand powers, namely:- \r\n \r\n(a) to formulate accreditation standards, for under -graduate medical and dental \r\nprograms of study based in Pakistan and recommend to the Council for its \r\napproval; \r\n(b) to formulate curriculum and s cope of under -graduate medical and dental \r\nprograms of study in Pakistan leading to general or specialist registration of the \r\ngraduates of those programs to practice medicine and dentistry in Pakistan and \r\nrecommend to the Council for its approval; \r\n \r\n(c) to formulate the examination structure and standards for the MDCAT for \r\napproval of the Council; \r\n \r\n(d) to formulate the examination structure and standards of the NLE for grant of \r\nprovisional medical and dental practice licenses upon completion of under -\r\ngraduate training and to set up and authorize a committee of not less than three \r\npersons to formulate the examination papers of NLE for approval of the Council; \r\n \r\n(e) to formulate the examination structure and standards for the NEB examinations \r\nof different levels and to setup and authorize a committee of not less than three \r\npersons to formulate the NEB examination papers for approval of the Council; \r\n \r\n(f) to formulate and recommend to the Council for its approval the standards, scope \r\n \r\nPage 13 of 28 \r\n \r\nand structure of the licence re -validation standards (LRS) and to formulate the \r\nnecessary procedures for re-validation of licences; \r\n \r\n(g) to review and issue recommendations in respect of the academic standard of any \r\nforeign institution referred by the Council; and \r\n \r\n(h) to recommend to the Council matters pertaining to policies for improvement of \r\nthe quality of medical and dental practitioners and health-care in Pakistan. \r\n \r\n14. Secretary of the Commission. —(1) The Council shall appoint through a transparent \r\nprocess on merit a Secretary of the Commission who shall act as the Secretary to the Council and the \r\nBoard. \r\n \r\n(2) The Secretary shall be appointed for a term of four years. No person shall be appointed as \r\nSecretary for more than two terms. \r\n \r\n(3) The Secretary shall maintain all records of the Council and the Board inclu ding recording \r\nand issuing the minutes of all meetings of the Council and the Board in real time and as approved at \r\nthe relevant meeting and shall under his signatures issue all notifications and decisions of the Council \r\nand the Board as and when necessary. \r\n(4) The Secretary shall be the custodian of the common seal of the Commission. \r\n \r\n(5) The Secretary shall cause all minutes of the meetings of the Council and the Board as \r\napproved, audited accounts of the Commission and all notifications and decisions of the Coun cil and \r\nthe Board to be displayed on the website of the Commission and communicated to the Authority. \r\n \r\n15. Composition of the National Medical Authority. —(1) The National Medical Authority \r\nshall consist of the following members, namely:— \r\n \r\n(a) Member Education and Evaluation; \r\n \r\n(b) Member Examinations; \r\n \r\n(c) Member Licensing; \r\n \r\n(d) Member Information Technology; \r\n \r\n(e) Member Finance; \r\n \r\n(f) Member Legal; and \r\n \r\n(g) Member Administration. \r\n \r\n(2) The Council shall appoint the members through a transparent process on merit for a term \r\nof four years. No member shall be appointed for more than two terms as a member. \r\n \r\n(3) The Federal Government on the recommendations of the Council shall from amongst the \r\n \r\nPage 14 of 28 \r\n \r\nmembers listed in clauses (a) to (c), of sub-section (1), appoint one member as the executive member \r\nwho shall act as the executive and administrative head of the Authority to exercise such functions in \r\naccordance with regulations as may be made by the Council. \r\n(4) The Federal Government on the recommendations of the Council may increase the number \r\nof members. \r\n \r\n(5) The Council shall determine the role and responsibilities of each member and may modify, \r\nadd or amend as necessary. \r\n \r\n(6) A member of the Authority shall not have any direct or indirect financial interest in, or \r\nhave business connection with any person, establishme nt, institution or organization which owns or \r\noperates a medical or dental institution or renders any service which is regulated by the Commission. \r\n \r\nExplanation.—For the purpose of this sub -section, any involvement of the spouse or blood \r\nrelation of any me mber of the Authority with any establishment, institution or organization shall be \r\nconsidered as a direct financial interest or connection of the member with such establishment, \r\ninstitution or organization. \r\n \r\n(7) A member of the Authority may resign from his office by writing under his hand addressed \r\nto the President of the Council, or may be removed from his office if, on an inquiry by the Council, he \r\nis found unable to perform the functions of his office because of mental or physical disability or on \r\naccount of misconduct, including corruption and dis -honesty or having been convicted of a criminal \r\noffence. \r\n \r\n(8) All decisions of the Authority shall be taken by the concurrence of a majority of the \r\nmembers. \r\n \r\n(9) No act or proceeding of the Authority shall be invalid by reason only of the existence of a \r\nvacancy in, or a defect in the constitution of the Authority. \r\n \r\n16. Functions and powers of the Authority.—(1) Subject to the approval of the Council, the \r\nAuthority shall have the following functions and powers, namely:— \r\n \r\n(a) to perform all functions and duties as prescribed in this Act or as prescribed or \r\ndirected by the Council; \r\n(b) to recommend the annual budget of the Commission to the Council for approval; \r\n \r\n(c) to cause for an annual audit to be conducted of the Commission and presented to \r\nthe Council for approval; \r\n \r\n(d) to prepare and maintain the accounts of the Commission and ensure the funds of \r\nthe Commission are expended on the purposes as approved by the Council; \r\n \r\n(e) manage the assets, liabilities, receipts, expenditures, funds and investments of the \r\nCommission; \r\n \r\n(f) to conduct all examinations provided for under this Act; \r\n \r\nPage 15 of 28 \r\n \r\n \r\n(g) to carry out assessments of any institution or organization in Pakistan or outside \r\nPakistan for purposes of recognition of training or for grant  of registration and \r\nissuance of licences to persons pursuant to qualifications issued by such \r\ninstitution or organization; \r\n \r\n(h) to implement all decisions of the Council and the Board; \r\n \r\n(i) to maintain a register of registered and licensed medical and dental practitioners \r\nin the prescribed manner and make the information publicly available; \r\n \r\n(j) to maintain a register of all institutions in Pakistan and outside Pakistan \r\nrecognized by the Council for purposes of training or grant of post graduate \r\nqualifications; and \r\n \r\n(k) maintain any other register or record for public consumption as may be directed \r\nby the Council. \r\n \r\n(2) The Authority shall exercise all powers as shall enable it to effectively perform its \r\nfunctions. \r\n \r\n17. Committees of the Council. —The Council and the Board shall have the power to  \r\nconstitute necessary committees comprising of its members and such other persons as the Council and \r\nthe Board deem proper for undertaking the functions of the Council or to advise and assist the Council \r\nand the Board in exercise of its powers. \r\n \r\n18. Medical and dental colleges admissions tests (MDCAT). —(1) The Authority shall \r\nconduct annually on a date approved by the Council and as per standards approved by the Board a \r\nsingle admissions test which shall be a mandatory requirement for all students seeking adm ission to \r\nmedical or dental under-graduate programs anywhere in Pakistan. \r\n \r\n(2) No student shall be awarded a medical or dental degree in Pakistan who has not passed the \r\nMDCAT prior to obtaining admission in a medical or dental college in Pakistan: \r\n \r\nProvided that such requirement shall be mandatory for all students who have been enrolled in \r\nmedical or dental under-graduate programs in the year 2021 and thereafter. \r\n \r\n(3) The admission to medical or dental programs conducted by public colleges shall be \r\nregulated as per the policy of the Provincial Governments strictly on merit and admission to a private \r\ncollege shall be in accordance with the criteria and requirements stipulated by the private college at \r\nleast one year in advance of admissions including any additional entrance test as may be conducted by \r\na private college subject to any conditions imposed by the relevant university to which such college is \r\naffiliated: \r\n \r\nProvided that the marks obtained by a student in the MDCAT conducted by the Authority shall \r\nconstitute a minimum of fifty percent of the weightage for the purposes of admission in the public \r\ncolleges. \r\n \r\nPage 16 of 28 \r\n \r\n19. Standards of medical and dental education. —(1) All universities shall ensure that all \r\nmedical and dental colleges at the time of seeking affiliation fulfill and thereafter consistently maintain \r\nthe accreditation standards including the maximum students in each year permitted consequent to the \r\naccreditation standards, for under-graduate medical and dental programs of study based in Pakistan as \r\nformulated by the Board and approved by the Council: \r\n \r\nProvided that every private medical and dental college seeking affiliation shall be a body \r\ncorporate registered as a limited company under the Companies Act, 2017. \r\n \r\n(2) All universities shall ensure that all affiliated or constituent colleges conduct programs of \r\nstudy for grant of under-graduate medical or dental degrees as per the curriculum and scope of under-\r\ngraduate medical education prescribed by the Board and approved by the Council. \r\n \r\n(3) All universities shall ensure that all affiliated or constituent colleges within thirty days of \r\ncompleting their admissions each year provide to the Authority particulars of the students enrolled and \r\nfurther provide any change in the status of the student during the students period  of studies including \r\ndiscontinuation of studies or transfer to another college within fifteen days of such change occurring. \r\n \r\n(4) All universities shall within ten days of students having successfully completed the \r\nprogram of study and passed their final exam inations inform the Authority verifying the results to \r\nenable the student to be registered for taking the NLE. \r\n \r\n(5) The standard and structure of faculty shall be regulated as prescribed by either the Higher \r\nEducation Commission or the university to which a college is affiliated or any other law applicable to \r\na public teaching institution subject to the minimum standards determined by the Board. \r\n \r\n(6) Any violation by a medical or dental college shall be actionable by the accrediting \r\nuniversity in accordance with regulations as may be prescribed by the Higher Education Commission. \r\n \r\n(7) All medical and dental colleges shall, at least three months prior to initiating the annual \r\nadmissions process, publicly declare the fixed tution and all ancillary fee structure on an annual basis \r\nfor the entire program of study in which the students are seeking enrollment and which fee structure \r\nshall not be enhanced during the students period of enrollment at the college. No medical or dental \r\ncollege shall seek, demand or receive from a  student or a student’s family, directly or indirectly, any \r\ndonation or other payment prior to or at the time of admission or thereafter during the period of the \r\nstudents continuing enrollment at the college whether as consideration for grant of admission or \r\notherwise. \r\n \r\n(8) At the beginning of each year, an under-graduate medical or dental program of the medical \r\nand dental colleges shall submit their annual financial statements for the previous year and any other \r\nyears required by the Commission, proposed fee structure and its justification to the Authority. \r\n \r\n(9) The private medical and dental colleges may obtain affiliation with any university having \r\na medical faculty, duly recognized by HEC subject to such university subject to its territorial \r\njurisdiction. \r\n20. National licensing examination (NLE).—(1) The Authority shall at least twice a year as \r\n \r\nPage 17 of 28 \r\n \r\nper schedule approved by the Council conduct the NLE. Passing the NLE shall be mandatory for \r\nobtaining a full licence. The NLE shall be substantially based on objective comput er based multiple \r\nchoice questions and a practical component if determined by the Council: \r\n \r\nProvided that there shall be no limit on the number of times a person may attempt the NLE: \r\n \r\nProvided further that Pakistan armed forces cadets who upon successful completion of their \r\nunder-graduate degree program and pre -requisite military training are commissioned in the Pakistan \r\narmed forces shall be granted an armed forces provisional licence and shall qualify their NLE during \r\nservice as regulated by the service head quarters prior to grant of full licence. \r\n \r\n(2) A person, having obtained an under -graduate medical or dental qualification issued by a \r\nuniversity in Pakistan or an under -graduate medica l or dental qualification issued by a foreign \r\ninstitution duly recognized by the Commission, shall be granted a provisional licence to undertake his \r\nhouse job within fourteen days of verification of their qualification by the granting institution: \r\n \r\nProvided that the person to whom a provisional licence is granted shall complete the mandatory \r\nrequirement of passing the NLE at any time prior to issuance of full licence \r\n(3) Any medical or dental practitioner who has obtained a licence to practice in any foreign \r\ncountry after having qualified from Pakistan or from a foreign institution recognized by the \r\nCommission and does not hold a postgraduate qualification recognized by the Council, shall be \r\nrequired to qualify the NLE for grant of a full licence to practice in Pakistan: \r\n \r\nProvided that a medical or dental practitioner who has obtained a licence to practice in a foreign \r\ncountry or qualified from a foreign institution, not recognized by the Commission, but has acquired a \r\npostgraduate qualification in Pakistan or from a foreign institution recognized by the Council shall not \r\nbe required to qualify the NLE and shall be granted a full licence to practice on the basis of the \r\nrecognized postgraduate qualification. \r\n \r\n21. National equivalence board examination.—(1) The Authority shall at least twice a year \r\nas per schedule approved by the Council conduct the NEB to assess and oversee the assessment of the \r\nknowledge, clinical skills and professional attributes of students who have partially completed a \r\nmedical and dental program in a foreign institution and are seeking transfer to and admission in a \r\nmedical or de ntal college in Pakistan. The NEB shall be substantially based on objective computer \r\nbased multiple choice questions. \r\n \r\n(2) Any student who has been enrolled in a medical or dental institution or college outside \r\nPakistan and has completed more than two years of the program may seek transfer and admission to a \r\nmedical or dental college in Pakistan subject to qualifying the relevant standard of the NEB for the \r\nprescribed period of each program of study pursuant to which the student shall be qualified to obtain \r\nadmission in the immediately subsequent year. \r\n \r\n(3) A student shall be required to take the NEB within twelve months of having left his \r\nprogram of study outside Pakistan in order to be eligible for admission to a medical or dental college \r\nin Pakistan. \r\n \r\n \r\nPage 18 of 28 \r\n \r\n22. Recognition of post graduate, additional or alternative qualifications. —(1) The \r\nCouncil may subject to assessment and recommendation by the Authority, approve and recognize a \r\npost graduate, additional or alternative qualification offered by an institution in Pakistan. \r\n \r\n(2) The Council may where necessary seek professional advice or the opinion of the relevant \r\nfaculty of the College of Physicians and Surgeons, or of a university, to assess a recommendation for \r\napproval of a post graduate, additional or alterative qualification. \r\n \r\n23. Recognition of medical institutions for grant of post graduate, additional or alterative \r\nqualification.—(1) The Council shall recognize  postgraduate medical and dental qualifications or \r\ndiplomas given by the College of Physicians and Surgeons of Pakistan: \r\n \r\nProvided that no honorary qualification or diploma declared to be honorary by the College of \r\nPhysicians and Surgeons of Pakistan shall be recognized by the Commission. \r\n \r\n(2) The Council may subject to assessment and recommendation by the Authority, grant \r\nrecognition to a medical institution in Pakistan which trains or grants or both trains and grants \r\nrecognized post graduate, additional or alterative qualifications for purposes of practice of medicine \r\nor dentistry. \r\n \r\n(3) Any medical institution or medical university requesting recognition in pursuance of sub-\r\nsection (2) may apply to the Commission in the prescribed manner. \r\n \r\n(4) Upon receipt of application made in pursuance of sub -section (3), the Authority shall \r\nwithin a period of three months scrutinize the application and if satisfied that the application is in \r\nconformity with the prescribed procedure, shall recommend the same to the Council for its approval. \r\n \r\n24. Recognition of foreign post graduate, additional or alternative medical or dental \r\nqualification.—(1) The Council may subject to assessment and recommendation by the Authority \r\nrecognize any post graduate, additional or alternative medical or dental qualifications granted by a \r\nforeign institute. \r\n \r\n(2) The Council may where necessary seek the opinion of the rel evant faculty of the College \r\nof Physicians and Surgeons, or of a university, and in addition thereto the opinion of the foreign \r\nauthority of the country where such foreign institution is located to assess a recommendation for \r\napproval of a post graduate, additional or alterative qualification. \r\n \r\n(3) The Authority shall assess for purposes of recommendation any foreign qualification either \r\non the application of a foreign institution or upon an application by a person having acquired a \r\npreviously un -recognized qua lification. The Authority shall conduct and complete its assessment \r\nwithin three months of an application being made. \r\n \r\n25. Recognition of foreign institutions for under -graduate, post graduate, additional of \r\nalternative qualification.- (1) The Council may subject to assessment and recommendation by the \r\nAuthority recognize any foreign institution which grants an under -graduate medical or dental \r\nqualification or a recognized foreign post graduate, additional or alterative qualification. \r\n \r\nPage 19 of 28 \r\n \r\n(2) The Authority shal l assess for purposes of recommendation any foreign institution either \r\non the application of such foreign institution or upon an application by a person having acquired a \r\nrecognized qualification from a previously un -recognized foreign institution. The Aut hority shall \r\nconduct and complete its assessment within three months of an application being made. \r\n \r\n26. Recognition of continuous professional development opportunity providers. —The \r\nCouncil on the recommendation of the Authority may grant recognition to any organization in Pakistan \r\nor outside Pakistan, which provides opportunities of continuous professional development to the \r\nregistered medical and dental practitioners. \r\n \r\n27. House job.—(1) Every person having obtained a provisional licence under sub-section (2) \r\nof section 20 shall be required to undergo and successfully complete a mandatory one year house job, \r\ninternship or  foundation year, by whatever name called, at an institution recognized by the \r\nCommission or an equivalent of a house job outside Pakistan as m ay be recognized by the \r\nCommission. \r\n \r\n(2) Every medical or dental college in Pakistan shall be responsible to provide a paid house \r\njob, at its own affiliated teaching hospital to all of its graduates have acquired a provisional licence. \r\nFailure to provide a house job shall result in the medical or dental college reimbursing the stipend paid \r\nto the graduate by the training hospital where the graduate obtains house job training: \r\n \r\nProvided that in the event the graduate opts voluntarily to pursue training in any other teaching \r\nhospital, their salary or stipend shall not be the responsibility of the medical or dental college of the \r\ngraduate: \r\n \r\nProvided further that the stipend or salary paid to house officers shall be determined by the \r\nProvincial Government or Federal Government as applicable for public colleges and private colleges \r\nshall pay a stipend or salary not being less than the amounts applicable to public colleges. \r\n \r\n(3) A house job, internship or foundation year shall consist of full time and structured training \r\nas specified by the Board and approved by the Council. \r\n \r\n(4) The teaching hospital shall issue on the conclusion of the house job a certificate confirming \r\nthat the provisional licence holder has satisfactorily completed the mandatory house job modules for \r\ngrant of full licence. \r\n \r\n28. Recognition of hospitals or institutions for house job or internship or foundation year \r\ntraining.—(1) The Authority shall upon inspection and assessment recommend to the Council for \r\ngrant of recognition to any hospitals or institutions in Pakistan which train for house job or internship \r\nor foundation year, as the case may be. \r\n \r\n(2) Upon the grant of approval for recognition by the Council, the hospital or institution shall \r\nbe entitled to train for house job or internship or foundation year aft er the date of notification of \r\napproval. \r\n \r\n(3) The Council shall recognize any foreign teaching hospital or institution recognized by the \r\nregulatory authority of such country for purposes of imparting house job, internship, foundation year \r\n \r\nPage 20 of 28 \r\n \r\nor clinical training by whatever name called. \r\n \r\n29. Licensing.—(1) The Authority shall grant a full licence to practice basic medicine or \r\ndentistry as a general practitioner to a person who subsequent to qualifying the NLE has completed \r\nhis mandatory one year house job or foundatio n year or internship satisfactorily or has successfully \r\ncompleted a house job, internship or foundation year equivalent to a house job at a foreign teaching \r\nhospital or institution recognized under sub-section (3) of section 28. \r\n \r\n(2) A general practitioner may  treat all ordinarily recognized common medical or dental \r\nailments and shall not practice in fields or specialties, as recognized by the Commission for which \r\nformal training is required subject to any restrictions prescribed by the Council. In life saving \r\nemergencies treatment may be provided until ordinarily recognized specialist services can be obtained \r\nor a safe referral can be ensured. No practitioner shall represent himself as a specialist or practice as a \r\nspecialist, without having appropriate qualifi cations, recognized and duly registered by the \r\nCommission. \r\n \r\n(3) The Authority shall cause for the registration of a recognized post graduate, alternative or \r\nadditional qualification on the licence of a medical or dental practitioner where such qualification \r\npermits the medical or dental practitioner to represent and practice such speciality in consonance to \r\nsuch qualification. \r\n(4) The Authority shall grant to a person licensed in a foreign country and in training in a \r\nforeign institution, a temporary licence for a fixed period of time to enable the person to take an \r\nelective training in a recognized institution in Pakistan which has accepted the person for training. \r\n \r\n(5) The Authority shall grant to a person duly licensed in a foreign country a speciality  \r\nrecognized in the foreign country a temporary licence for a fixed period of time to enable the person \r\nto provide training or perform surgical or other procedures or teach in a recognized institution in \r\nPakistan. \r\n(6) The Authority shall cause for the registration and issuance of a licence under sub-sections \r\n(1), (3) and (4) to be completed within fourteen days of the applicant having submitted his application \r\nor reject the same for reasons to be stated. \r\n \r\n(7) Every licensed practitioner shall be responsible to maintain his licence as valid and in good \r\norder. A practitioner shall not be permitted to practice in the absence of a valid licence issued by the \r\nAuthority. \r\n \r\n(8) No medical or dental practitioner shall be permitted to represent in Pakistan as having \r\nacquired or se ek to practice a speciality unless the same is duly registered on his licence by the \r\nAuthority. \r\n \r\n(9) Every licensed medical or dental practitioner shall be required to revalidate his licence \r\nevery five years in the manner and on terms determined by regulations prescribed by the Council. \r\n \r\n(10) Every licensed practitioner shall be bound by the code of ethics promulgated by the \r\nAuthority. \r\n \r\nPage 21 of 28 \r\n \r\n \r\n(11) Notwithstanding anything to the contrary contained in any other law for the time being in \r\nforce, no medical certificate or prescription or medical or dental advice shall be considered valid unless \r\nobtained from a medical or dental practitioner having a valid provisional or full licence. \r\n \r\n(12) No person shall be entitled to recover any charge in any court of law for any medical, \r\ndental or surgical advice or attendance or for the performance of any operation or intervention or for \r\nany medicine prescribed or suppl ied unless he is a registered medical or dental practitioner having \r\nvalid registration with the Authority: \r\n \r\nProvided that a person licensed under any other law to practice some other form of medicine \r\nmay prescribe medicine permissible under such law commensurate with the scope of his qualifications \r\nand training. \r\n \r\n(13) No registered licensee shall use or publish in any manner whatsoever any title, description \r\nor symbol indicating or intended to lead persons to infer that he possesses any additional or other \r\nprofessional qualification unless the same has been duly recognized and registered on his licence by \r\nthe Commission. \r\n \r\n30. Inspection.—(1) The Authority shall appoint inspectors in accordance with terms and \r\nqualifications prescribed by the Council to inspect facilities for training available at the medical or \r\ndental institutions for grant of recognition to provide house job, internship or foundation year training \r\nor post graduate training: \r\nProvided that an institution recognized for training by the College of Physicians and Surgeons \r\nof Pakistan shall be provisionally recognized by the Council for purposes of post graduate training \r\nsubject to verification of compliance with prescribed criteria in due course. \r\n \r\n(2) Inspectors shall immediately upon completion of the inspection compile a comprehensive \r\nreport on the prescribed format on the standard of the inspected facilities and on the courses of study \r\nand facilities for teaching provided by the medical or dental institution inspected and shall submit it \r\nto the Authority. \r\n \r\n(3) The Authority shall forward a copy of such report to the medical or dental institution \r\nconcerned for any response prior to placing the report along with its recommendation before the \r\nCouncil. \r\n \r\n(4) The Authority may conduct inspections of recognized facili ties on a periodical basis, \r\nprovided that every institution shall be re-inspected at least once in every five years. \r\n \r\n31. Withdrawal of recognition. —(1) Pursuant to an inspection, the Authority may \r\nrecommend and the Council may approve the withdrawal on a temp orary or permanent basis the \r\nrecognition granted to an institution under sections 23, 25, 26 and 28 of the Act. \r\n \r\n(2) The Council shall prior to approving the withdrawal of a recognition granted to the \r\ninstitution under sections 23, 25, 26 and 28 give an opportunity of being heard and responding to the \r\nreport and recommendations of the Authority: \r\n \r\nPage 22 of 28 \r\n \r\nProvided that for purposes of protecting the rights of existing trainees or students the Council \r\non the recommendation of the Authority may approve a scheme to p lace the trainees or students at \r\nother institutions where reasonable availability exists. \r\n \r\n32. Disciplinary proceedings, suspension or cancellation of licence. — (1) The Council in \r\ncompliance to directions of the Medical Tribunal or upon a finding pursuant to a disciplinary hearing \r\nor upon an inquiry and hearing conducted by the Authority or the Council itself, may temporarily \r\nsuspend or permanently cancel the licence of a practitioner or impose such penalties as may be \r\nprescribed for having violated any obligation imposed upon the licensee or for medical or professional \r\nnegligence or misconduct. \r\n \r\n(2) The licence of a practitioner which has expired or who has not successfully re -validated \r\nwithin the time prescribed shall be deemed to have been suspended until such time as it is re-validated \r\nin the prescribed manner. \r\n \r\n(3) The Commission shall on the complaint of any person or authority or of its own motion on \r\ninformation received, initiate disciplinary proceedings against any full licence holder or any \r\nrecognized institution in respect of medical negligence, misconduct or v iolation of any obligation \r\nunder this Act, or any rules or regulations or directions of the Commission other than offences \r\nprovided for under sub-sections (1), (2), (3), (4) and (5) of section 34: \r\n \r\nProvided that a show cause notice shall be issued within fifteen days of receipt of the complaint \r\nto the person stating the allegations and providing a period of at least thirty days to respond and a right \r\nto be heard before the disciplinary committee: \r\n \r\nProvided further that the identity of the person filing a co mplaint shall be disclosed to the \r\naccused and any person found to have filed a false and frivolous complaint shall be required to pay \r\nthe costs incurred by the accused and a further penalty being a fine to be determined by the disciplinary \r\ncommittee. \r\n \r\n(4) The Council shall form a disciplinary committee consisting of three members of the \r\nCouncil of which one shall be the member having legal qualifications to hear all disciplinary matters. \r\nThe member law shall act as secretary to the disciplinary committee. \r\n \r\n(5) The Authority shall select at least one licensed practitioner as an expert with a minimum \r\nfifteen years standing in the speciality to which the complaint relates to assist the disciplinary \r\ncommittee at the hearing. The written opinion of the expert shall be appended with the decision of the \r\ndisciplinary committee and shall form part of the record. \r\n \r\n(6) The disciplinary committee shall hear and decide each complaint within ninety days of the \r\nissuance of the show cause notice. The disciplinary committee shall impose penalties as prescribed by \r\nregulations made by the Council specifying penalties commensurate with each category of offence. \r\n \r\n(7) For the purpose of an inquiry or disciplinary hearing, the Council or a committee of the \r\nCouncil shall exercise all the powers of a civil court under the Code of Civil Procedure, 1908 (Act V \r\nof 1908) for summoning the witnesses, for compelling the production of documents and for issuing \r\ncommissions. \r\n \r\n \r\nPage 23 of 28 \r\n \r\n33. Registers to be public documents. —The record of all registrations undertaken and \r\nlicences granted by the Commission shall be deemed to be public document within the meaning of the \r\nQanun-e-Shahdat Order, 1984 (P.O. No. 10 of 1984). \r\n(2) The Authority shall cause for the updated list of all duly recognized medical practitioners \r\nand dental practitioners to be published on its website available for public access. \r\n \r\n34. Penalties.—(1) Whoever in contravention of provisions of this Act operates or runs or \r\nestablishes or endorses any institution or advertises admissions in an institution for imparting training \r\nand education in medicine or dentistry shall be guilty of an offence punishable with rigorous \r\nimprisonment for a term which may extend to five years but shall not be less than one year or with \r\nfine which may extend to fifty million Rupees but shall  not be less than five million Rupees or with \r\nboth and shall also be liable to closure of such institution. \r\n \r\n(2) Whoever in contravention of provisions of this Act admits students for imparting education \r\nin medicine or dentistry or admits students over and above the allowed number, shall be guilty of an \r\noffence punishable with fine which shall not be less than the sum total of the tuition fee for the whole \r\nduration of study for each admitted or over admitted student and may also be liable to closure of such \r\ninstitution. \r\n \r\n(3) Whoever falsely gets registered with the Authority as a registered medical or dental \r\npractitioner without possessing recognized medical or dental qualifications or attempts to get \r\nregistered with the Authority as a registered medical or denta l practitioner without possessing \r\nrecognized medical or dental qualifications, shall be guilty of an offence of fraudulent registration, \r\npunishable with imprisonment for a term which may extend to five years or with fine which may \r\nextend to ten million Rupees but shall not be less than five million Rupees or with both. \r\n \r\n(4) Whoever falsely pretends to be registered under this Act as a medical practitioner or dentist \r\nand uses with his name any title or words or letters representing that he is so registered with the \r\nAuthority or uses the word “doctor” or any other nomenclature or designation without legal basis, \r\nirrespective of whether any person is actually deceived by such pretence or representation or not, shall \r\nbe guilty of an offence punishable with imprisonm ent for a term which may extend to three years or \r\nwith fine which may extend to ten million Rupees but shall not be less than one million Rupees or \r\nwith both. \r\n \r\n(5) Whoever aids or abets any person to falsely register with the Council as a registered \r\nmedical practitioner without having recognized medical or dental qualifications shall be guilty of an \r\noffence punishable with imprisonment for a term which may extend to two years or with fine which \r\nmay extend to ten million Rupees but shall not be less than five million Rupees or with both. \r\n(6) Whoever contravenes any other provision of this Act shall be guilty of an offence \r\npunishable with fine which may extend to ten million Rupees. \r\n \r\n(7) In every case of offence, in which the offender is sentenced to a fine, whether with or \r\nwithout imprisonment, it shall be competent for the Medical Tribunal to direct that in default of \r\npayment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment \r\n \r\nPage 24 of 28 \r\n \r\nshall be in excess of any other imprisonment to which he may have been sentenced or to which he \r\nmay be liable under a commutation of sentences. \r\n \r\n(8) The term for which the Medical Tribunal directs the offender to the imprisoned in default \r\nof payment of a fine shall not exceed one -fourth of the term of imprisonment which is the maximum \r\nterm fixed for the offence. \r\n \r\n(9) A penalty of imprisonment shall only be imposed by the Medical Tribunal. \r\n \r\n(10) All offences under this Act shall be non-cognizable and triable by the Medical Tribunal. \r\n \r\n(11) All penalties imposed by the disciplinary committee shall be paid to the Authority’s \r\naccount. All penalties imposed by the Medical Tribunal shall be deposited in equal amount with the \r\nAuthority and the Medical Tribunal. \r\n \r\n(12) The Authority may apply to the Medical Tribunal to recover an amount imposed as penalty \r\nand the Medical Tribunal shall direct the arrest and confinement of the defaulter until such time as the \r\npenalty is paid in full. \r\n \r\n35. Offences by bodies corporate. —(1) Where any contravention of this Act has been \r\ncommitted by a body corporate, and it is proved that such offence has been committed with the consent \r\nor connivance or, is attributed to any negligence on the part of, any director, partner, manager, \r\nsecretary, trustee or other officer of the body corporate, such director, partner, manager,  secretary, \r\ntrustee or other officer of the body corporate, shall be deemed guilty of such contravention along with \r\nthe body corporate and shall be punished accordingly: \r\n \r\n \r\nProvided that in the case of a company as defined under the Companies Act, 2017 (XIX  of \r\n2017), only the chief executive shall be liable under this section. \r\n \r\nExplanation.—For the purposes 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(2) Where any contravention of this Act has been committed by any Government agency, local \r\nauthority or local council and it appears from the relevant documents that such contravention has been \r\ncommittee with the consent or connivance of or is attributable to any negligence on the part of the \r\nhead or any other officer of the Government agency, local authority or local counci l, such head or \r\nother officer shall also be deemed guilty of such contravention along with the Government agency, \r\nlocal authority or local council and shall be liable to be proceeded against and punished accordingly. \r\n \r\n36. Cognizance of offences. —(1) No court s hall take cognizance of any offence or matter \r\nunder this Act to which the jurisdiction of the Medical Tribunal extends. \r\n \r\n(2) Any person aggrieved by an act which is an offence under this Act may institute a complaint \r\nor claim before the Medical Tribunal. \r\n \r\n \r\nPage 25 of 28 \r\n \r\n37. Appeals to the Medical Tribunal. —(1) Any person including an employee of the \r\nCommission aggrieved by any order or direction of the Commission, including the Council. Authority \r\nor disciplinary committee, under any provision of this Act, or rules or regulations may prefer an appeal \r\nonly before the Medical Tribunal within thirty days of the date of communication of the impugned \r\norder or direction. \r\n \r\n(2) An appeal to the Medical Tribunal shall be in such form, contain such particulars and be \r\naccompanied by such fees as may be prescribed. \r\n \r\n38. The officers of Federal, Provincial and local Governments to assist Authority. —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 Authority and its officers \r\nin the discharge of their functions under the provisions of this Act and the rules and regulations made \r\nthereunder. \r\n \r\n39. Power to make rules. —The Division may, by notification in the official Gazette, make  \r\nrules for carrying out the purposes of this Act. \r\n \r\n40. Power to make regulations. —The Council may, by notification in the official Gazette, \r\nmake regulations generally to carry out the purposes of this Act and, without prejudice to the generality \r\nof this power, such regulations may provide for— \r\n \r\n(a) the management of the property of the Council and the maintenance and audit of \r\nits accounts; \r\n(b) the powers and duties of the President and Vice-President; \r\n \r\n(c) the mode of appointment of committees, the summoning and holding of meetings \r\nand the conduct of business of such committees. \r\n \r\n(d) enforcement of the different codes of general and specialized practice and ethics \r\nas framed by the relevant institutions and as may be applicable upon the medical \r\nand dental practitioners; \r\n \r\n(e) terms and conditions of service for all employees of the Council; \r\n \r\n(f) scope and structure of penalties commensurate with offences; and \r\n \r\n(g) any matter for which under this Act provision may be made by regulations. \r\n \r\n41. Information to be furnished by the Commission and publ ication thereof. —(1) The \r\nCommission shall furnish such reports, copies of its minutes, abstracts of its accounts and other \r\ninformation to the Division as it may require. \r\n \r\n(2) The Division may publish, in such manner as it may think fit, any report, and copy, abstract \r\nor other information furnished to it under this section or under section 42. \r\n \r\n42. Commission of inquiry.—(1) Whenever it appears to the Division that the Council is not \r\n \r\nPage 26 of 28 \r\n \r\ncomplying with any provisions of this Act, the Federal Minister - in-charge may refer the particulars \r\nof the complaint to a commission of inquiry consisting of three persons two of whom shall be \r\nappointed by the Federal Minister- in-charge, including the chairman being at least a person who has \r\nbeen judge of a High Court, and one member nominated by the Council by a resolution. \r\n \r\n(2) Such commission shall proceed to inquire in a summary manner and to report to the Federal \r\nMinister-in-charge as to the truth of the matter charged in the complaint and in case of any charge of \r\ndefault or of improper action being found by the commission to have been established, the commission \r\nshall recommend the remedies, if any, which are in its opinion necessary. This process shall be \r\ncompleted within thirty days. \r\n \r\n(3) The Division shall forward the report of t he commission of inquiry to the Council for \r\nimplementation and for remedial actions. The Council shall submit to the Division a detailed plan of \r\nremedial measures to be adopted by the Council which shall be considered as approved if no further \r\norders are p assed by the Division in this regard within three months. All remedial actions shall be \r\ntaken by the Council  within a stipulated period of six months and the Council shall submit to the \r\nDivision a report of action taken thereon. If the Council fails to com ply with the remedial measures \r\nforwarded to it by the Division, the Division may by itself amend the regulations of the Council or \r\nmake such provisions or issue orders or take such other steps as may seem necessary to give effect to \r\nthe recommendations of the commission. \r\n \r\n(4) The commission of inquiry shall have power to administer oaths, to enforce the attendance \r\nof witnesses and the production of documents and shall have other necessary powers for the purpose \r\nof any inquiry conducted by it as are exercised by  a civil court under the Code of Civil Procedure, \r\n1908 (Act V of 1908). \r\n \r\n43. Delegation.—The Council may, by general or special order, delegate to the President, \r\nVice-President or committee of the Council, any of its powers or responsibilities under this Act subject \r\nto such conditions or limitations as may be prescribed by rules or as may be prescribed by regulations: \r\n \r\nProvided that delegation of such power shall not include the power to grant, revoke or cancel \r\nrecognition of a medical or dental institution or  any of its financial powers including the power to \r\napprove the annual budget. \r\n \r\n44. Officers etc. deemed to the public servants. —The members, officers, employees and \r\nother staff of the Authority shall be deemed to be the public servants within the meanings of section \r\n21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). \r\n \r\n45. Indemnity.—No suit, prosecution or other proceedings shall lie against the Federal \r\nGovernment, the Division, Council, Board, Authority, or any committee of the Council, President, \r\nVice-President, Secretary or any member, officer or employee of the Authority in respect of anything \r\ndone or intended to be done in good faith under this Act. \r\n \r\n46. Act No. X of 2012 not to apply to the Commission.—The Industrial Relations Act, 2012 \r\n(X of 2012) , shall not apply to or in relation to the Commission or any person in service of the \r\nCommission. \r\n \r\n \r\nPage 27 of 28 \r\n \r\n47. Over-riding provision. —The provisions of this Act shall have effect notwithstanding \r\nanything to the contrary contained in any other law for the time being in force. \r\n \r\n48. Schedules and recognition of qualifications and institutions. — All Schedules as \r\nmaintained and recorded under the repealed Pakistan Medical and Dental Council Ordinance, 1962 \r\n(Ordinance XXXII of 1962) shall be deemed  to have merged into the record  of the Commission as \r\nrequired to be maintained pursuant to this Act subject to the Council at their discretion re -assessing \r\nthe entries therein pursuant to the criteria laid down under this Act. \r\n \r\n49. Employees and officers of dissolved Pakistan Medical and Dental Council.—(1) Upon \r\ncommencement of this Act all employees of the dissolved Pakistan Medical and Dental Council shall \r\nbe deemed to be employees of the Commission, subject to clause (a) of sub -section (2) of section 8, \r\nand shall be subject to such term s and conditions of employment as may be determined by the \r\nCommission subsequent to the commencement of this Act and shall retain no right to any office, post, \r\ndesignation or terms of employment as were previously applicable to employees of the Pakistan \r\nMedical and Dental Council. \r\n \r\n(2) Any amounts payable to or recoverable from the employees of Pakistan Medical and Dental \r\nCouncil as existing on the date of dissolution of Pakistan Medical and Dental Council or as determined \r\nthereafter by the Council shall be immediately paid or recovered by the Commission. \r\n \r\n50. Repeal and savings. —(1) Subject to section 6 of the General Clauses Act, 1897 (X of \r\n1897), the Pakistan Medical and Dental Council Ordinance, 1962 (XXXII of 1962) hereinafter referred \r\nto as the repealed Ordinance, shall stand repealed. \r\n \r\n(2) Notwithstanding the repeal of the repealed Ordinance or anything contrary contained \r\nherein, all decisions taken, regulations made or amended and disciplinary actions taken by the Council \r\nof the dissolved Pakistan Medical and  Dental Council pursuant to the repealed Ordinance and the \r\nPakistan Medical and Dental Council Ordinance, 2019 (II of 2019) and by the Pakistan Medical \r\nCommission pursuant the Pakistan Medical Commission Ordinance 2019 (XV of 2019)shall be \r\ndeemed to have been validly made: \r\n \r\nProvided that all regulations made and promulgated pursuant to the repealed Ordinance, or the \r\nPakistan Medical and Dental Council Ordinance, 2019 (II of 2019) stand repealed and shall not be \r\nenforceable subject to sub-section (6): \r\n \r\nProvided further that the Council shall have the exclusive power to review and modify any \r\nsaved decision taken, regulation made or amended and disciplinary action taken. \r\n \r\n(3) The dissolved Pakistan Medical and Dental Council as formed pursuant to the repealed \r\nOrdinance stands dissolved upon the commencement of this Act. \r\n \r\n(4) All assets, rights, moveable and immoveable properties, records, cash, bank accounts, \r\ndeposits etc., of the dissolved Pakistan Medical and Dental Council under the repealed Ordinance shall \r\nstand transferred to the Commission and shall be deemed to be the assets, rights, properties, records, \r\ncash, bank accounts, deposits etc., of the Commission. \r\n \r\n \r\nPage 28 of 28 \r\n \r\n(5) All assets, liabilities, payables and receivables of the dissolved Pakistan Medical and \r\nDental Council under the repealed Ordinance shall be deemed to be the assets, liabilities, payables and \r\nreceivables of the Commission. \r\n \r\n(6) All registrations, recognitions etc., granted by the dissolved Pakistan Medical and Dental \r\nCouncil under the repealed Ordinance  or the Pakistan Medical Commission under the Pakistan \r\nMedical Commission Ordinance, 2019 (XV of 2019) shall be deemed to be the registrations, \r\nrecognitions granted by the Commission subject to not being in conflict with this Act and the \r\nprovisions of this Act or the same being within the power of the Commission to recognize and register \r\npursuant to this Act. \r\n \r\n51. Transitory period.—(1) The Federal Government shall provide officers on deputation for \r\na period not exceeding ninety days as may be requested by the Council to assist in the operations of \r\nthe Commission until members, officers and necessary employees of the Commission are appointed. \r\n \r\n(2)   The Council may subsequent to its establishment appoint persons on a temporary short \r\nterm contract for a period not exceeding ninety days to assist in the operations of the Commission.",
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